Teenage babysitter accused of asking cousin, 4, to engage in sexual act

Boy, then 14, allegedly exposed himself to girl and invited her to touch his penis, court told

Judge submitted that the case could be dealt with in the Children's Court. Picture: Billy Higgins

A Dublin teenager has been accused of asking his four-year-old cousin to engage in a sexual act while babysitting at her home.

The incident allegedly occurred at a residential address in Dublin in 2020 when the schoolboy, who cannot be named for legal reasons, was aged 14.

The boy, now 16, is accused of inviting the child to touch his penis, contrary to section 4 of the Sexual Offences Act 2017.

He appeared at the Dublin Children's Court for a preliminary hearing to decide his trial venue.

Outlining the evidence, Garda Aoife Hickey told the court the boy was babysitting at the girl's house, which he had done once or twice before.

It was alleged he exposed himself to her and invited the girl to touch his penis.

But the girl did not, and she continued watching a film on television.

The court heard it was claimed the boy offered her money "not to tell her mother".

It was alleged he then went to the bathroom, and when he returned, he took back the €20 note he had given her.

The girl later told her mother and another relative.

About two months later, she had specialist Garda interviews and was able to describe "in great detail" when the boy was exposed.

Judge Kelly heard the boy was also interviewed, and he denied the claims.

Questioned by defence solicitor Brian Keenan, the garda agreed that the teenager had no prior criminal convictions and an "unblemished record".

Earlier, the court heard that in reply to the charge after caution, he told the investigating officer: "No, I did not do it."

Judge Kelly noted that the Director of Public Prosecutions recommended that the boy face trial on indictment in the circuit court, with tougher sentencing powers. It can impose up to 14 years for the offence in this case.

That triggered the requirement for the preliminary hearing to determine the jurisdiction issue.

It is provided for under section 75 of the Children Act.

The Children's Court can accept jurisdiction by considering various relevant factors.

Mr Keenan asked the judge to note the boy’s age at the time of the offence, and level of maturity, which would have been "significantly different" from that of an older teenager.

He submitted that the case could be dealt with in the Children's Court.

Refusing jurisdiction would result in a lengthier wait, possibly two years, until the trial, the solicitor also said.

Judge Kelly said he was concerned the injured party was exceptionally young, and there were all sorts of implications in terms of giving evidence. He was also concerned about the disparity in penalty options between the two courts.

He said it was something he needed to "consider carefully" as he adjourned the case.

The boy, accompanied by a family member, was remanded on continuing bail.

Section 93 of the Children Act states that no report shall be published or broadcast which reveals the name, address or school of any child concerned in the proceedings or includes any particulars likely to lead to the identification of any child involved in the proceedings.