Four-year-old Kerry boy 'raped by babysitter's son, 14', court hears

Teen denies he raped boy while playing 'magic game' in his bedroom

The defendant, who is now 16 years old, went on trial Friday at the Central Criminal Court sitting in Cork. File picture: Denis Minihane

A four-year-old Kerry boy was raped by the 14-year-old son of his babysitter while playing “a magic game” in the teenager’s bedroom, it was alleged at the opening of a trial today.

The defendant, who is now 16-years-old, went on trial before Ms Justice Eileen Creedon and a jury of six men and six women at the Central Criminal Court sitting in Cork.

The teenager denies the single charge of orally raping the four-year-old on December 14, 2018.

It is alleged, the complainant closed his eyes in the defendant’s bedroom for “a magic game” when the defendant then put his penis in the child’s mouth. Mr Justice Seán Gillane SC told the jury that this kind of sexual assault was also referred to as rape.

Mr Gillane said that the jury would have to address themselves to the youth of the parties in this particular case.

The first part of the complainant’s evidence which was presented to the jury consisted of a pre-recorded interview made by specialist garda interviewers who deal with child complainants in sexual cases.

In the recorded interview the boy said: “He started sticking it in my mouth and it all happened.” 

Asked what he put in his mouth, the child replied: "His willy." He was later asked how it made him feel and he replied: "That made me sad." Asked to explain this further, the child said: "You are sad and you don’t laugh." He said that the babysitter’s son had Transformer toys on a high shelf in his bedroom and said that he and the complainant could play with them after first playing "the magic game".

Mr Gillane SC said in his opening of the case that on the afternoon of the alleged rape the boy and other children in his family were being minded by a babysitter at her home when it was alleged that the babysitter’s son raped the boy.

Mr Gillane said that later that evening, the boy’s mother drove her children, including the complainant, around their locality to look at houses that were lit up for Christmas. 

"On the way back home [child’s name] said something in the car which caused her alarm. He said [defendant’s name] put his willy into [another boy’s] mouth,” the prosecution senior counsel said.

The mother said they would talk about it when they got home and she called her husband to come home from work. The boy was warned not to say anything that was not true and he then said the defendant had put his willy into his [the complainant’s] mouth in the defendant’s bedroom.

“[Child’s name] said it happened during a magic game where his eyes were closed,” Mr Gillane said.

Defence barrister, Colman Cody, cross-examined the child who was present in another room in the courthouse that was video-linked to the courtroom. A professionally qualified intermediary was present with the child and she interjected a number of times when the boy needed a short break and in one instance where she said a question was too complicated and should be broken down into smaller parts.

The trial continues on Tuesday.