Court hears teen who raped nephew, 8, was taken to gardai by his mother

Court hears teen who raped nephew, 8, was taken to gardai by his mother
The assailant got his nephew to perform sex acts on him while they played video games. Stock image.

A teenage boy whose own mother took him to gardaí after she learned he had repeatedly raped his eight-year-old nephew has been given a two-year suspended sentence.

The boy was 15 when he got his nephew to perform oral sex on him while the two played computer video games in his home in the Midlands.

The Central Criminal Court heard evidence that in September 2017 the victim's mother became distraught when her son told her about the abuse.

She contacted her own mother who confronted her son. He initially denied the offending but over time admitted he had repeatedly abused his nephew during the previous three months.

His lawyer Michael Bowman SC told the court, at an earlier sentence hearing last July, that his client was exposed to adult pornography on his smartphone and this exacerbated his social isolation and inability to form age-appropriate relationships.

He said the boy's mother has since confiscated the phone and he is now allowed only supervised use of it. A report from psychiatrist Dr Mark Fitzpatrick contains recommendations on how to supervise his access to social media and the internet, he said.

A Probation Services report assessed the risk of him engaging in sexually harmful behaviour again as low. Mr Bowman said the boy was socially and emotionally immature and was bullied at secondary school.

He became withdrawn and socially isolated and turned to the company of computer games and was then exposed to pornography on his smartphone, counsel said.

The now 18-year-old, who cannot be identified to protect the identity of the victim, pleaded guilty to sample counts of oral and anal rape on dates between June and September 2017. He also pleaded guilty to inviting or inciting a child to sexual touching. Mr Justice Michael White noted at the hearing last year that the Children Act prohibits a court from imposing detention on a child unless it is the only suitable way of dealing with a child. He said detention is not the only way of dealing with this accused.

 

He deferred the imposition of a period of detention of three years and ordered that the boy be placed under the supervision of a probation and welfare officer. He said the boy must comply with any conditions set by the Probation Service.

He told the defendant that these were serious offences and he commended his mother for taking the very courageous step of bringing him to gardaí when the offending emerged.

On Tuesday, Mr Justice White heard that an updated probation report noted that the teenager had continued to engage with Dr Fitzpatrick but was discharged last January. The probation report also outlined that the teenager had engaged fully with its service.

Mr Justice White imposed a two-year sentence which he suspended in full on strict conditions including that he be of peace and be of good behaviour for two years.

He noted that the teenager and his mother have since left Ireland and plan to live abroad for the foreseeable feature. He advised the mother and the teenager, who were present in court via video link, that the police authorities there will notify gardaí if the teenager comes to their attention and this will be a breach of the condition of the suspension of his sentence.

An additional condition of the suspension of the sentence is that the teenager and his nephew be supervised at all times during family gatherings and that any plans to visit his sister and nephew in Ireland be notified to the gardaí here.

The gardaí must also be notified of any plans of the victim and his mother to visit them abroad and the child and his mother must not stay in the teenager's family home.

At the conclusion of the sentence hearing on Tuesday, the victim's father acknowledged, from the body of the court, that the child's grandmother has stood by his son and said it breaks his heart that she can no longer have a normal relationship with the child.

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