A youth is facing trial accused of engaging in sexual acts with a 13-year-old girl in a house Dublin after she became upset and he started to comfort her.
The 18-year-old man, who cannot be named for legal reasons, was recharged today after his case was struck out on Tuesday, due to a delay in serving a book of evidence.
It was alleged he comforted the girl after another youth got her to perform a sexual act on him. However, he is accused of then getting her to perform oral sex on him and then having sex with her, the Dublin Children's Court was told.
He faces counts of defilement of a child, under Section Two of the Sexual Offences Act. One charge states he had sexual intercourse with a child under the age of 15 years. The second charge was for engaging in oral sex with her.
The offences were alleged to have happened on a single date in 2017 when he visited a house in north Dublin.
The Director of Public Prosecutions (DPP) has directed trial on indictment. The accused was aged 16 at the time.
A book of evidence was served on the youth today by Garda Colm Noonan.
Judge Brendan Toale noted the DPP consented to the youth being returned to the next sittings of the Dublin Circuit Criminal Court.
He agreed to make the order sending the youth forward for trial. Legal aid was granted.
Objecting to bail, Garda Noonan cited the seriousness of the charges. He said it was alleged the youth and others had been at a house.
The girl was left in a room with a co-accused, another male, who allegedly “asked the injured party for oral sex and received same”.
Garda Noonan said the girl then became upset and left the room and went to another part of the house. It was alleged the accused then “comforted her”.
The court heard it was the prosecution's case that he then asked her to perform the same act on him, which she did.
The accused claimed to gardaí he took down his trousers but stopped before oral sex took place.
It was alleged the youth left the house but came back later and entered a bedroom where he engaged in full penetrative sex with her.
Pleading for bail, defence counsel Alison Fynes submitted that the accused had been on bail with conditions prior to the case being struck out earlier this week.
Garda Noonan accepted there was no evidence that he had breached the terms.
Counsel argued that there was now an objection to bail in circumstances where it had been granted before.
Judge Toale set bail and ordered him to obey a number of conditions.
The teen, who has not yet indicated how he will plead, was warned he cannot have any contact with the girl or witnesses, he must sign on twice daily at his local Garda station, and obey a curfew.
He has already surrendered his passport and was told he cannot apply for alternative travel documentation. A date for his next hearing, in the circuit court, has not yet been set.
Another youth is also before the court on connected charges.