Judge voices concerns about children’s unsupervised internet access in child sex abuse case

The boy, who was 13 years old when he sexually abused his six-year-old sister, told gardaí that he first viewed pornography when he was six

The court heard that the boy was accessing pornography 12 hours a day. File photo

WARNING: Some readers may find the following report upsetting

A High Court judge has expressed concerns about children’s unsupervised access to the internet while sentencing a teenager who was 13 years old when he sexually abused his six-year-old sister.

The boy also took photographs of the child naked and uploaded 64 images of this child abuse to a social media website. The child was so identifiable in those images that gardaí who first called to the house to investigate the offence recognised her instantly from the images.

The court heard that the boy, who is from the south of the country, had unsupervised access to the internet from a very young age and later told gardaí that he first viewed pornography when he was six years old.

Sentencing the now 16-year-old, Ms Justice Mary Ellen Ring said that at the centre of the case is a six-year-old child who was sexually abused by her older brother and images of her have been placed onto the internet that she has no control over.

Ms Justice Ring said:

That a child was given a tablet at the age of five years old and by the age of seven was accessing pornography takes my breath away.

She said “no adult would hesitate to take a box of matches away from a seven-year-old” before she referred to the damage the unchecked use of the internet caused not only to the teenage boy but then to his sister.

Ms Justice Ring said it is something that “the tech world in general” and “lawmakers” need to do something about. “There is no best interest argument for children to have unfettered access to the internet just because they can,” the judge continued.

At a previous sentence hearing last June, the court heard that the family was very isolated in a rural area, living off the grid.

They had no running water but had electricity and internet access. Their “unconventional home” was made up of temporary structures and a caravan. Their father was significantly older than their mother and had died a number of years previously.

The children were no longer attending school and as Justice Ring said “were allegedly being home-schooled” but had no medical or dental supervision. The boy later told gardaí he was accessing pornography 12 hours a day.

The sergeant told Eilis Brennan SC, prosecuting, that gardaí were alerted to the fact that inappropriate images had been uploaded to the social media platform Discord and the connected account was traced back to the children’s home.

The images included images of the child’s private parts, the teenager’s private parts and the young girl engaging in sexual activity with the boy.

The now 16-year-old, who is currently in State care, came forward to the Central Criminal Court on signed pleas.

He pleaded guilty to six incidences of oral rape, nine charges of production of what is legally termed as child pornography and five charges of distribution of that material on dates between June 2022 and December 2022.

Victim impact statement

Ms Brennan read a victim impact statement that had been prepared by the now eight-year-old girl into the record.

The girl said she “feels much happier” now and that the foster family whom she has been living with since the gardaí called to her home in December 2022 “feels like home”.

“When I think about him I feel a bit scared,” the girl continued before she said she would really like her brother to write her a letter of apology because she said when people do bad things they “say sorry”.

The sergeant agreed with Michael Bowman SC, defending, that the reality of the situation was the family were “living off the grid in an unconventional family structure”. He accepted that all children were not properly supervised.

The sergeant accepted that the teenager had unrestricted internet access from the age of five years old and agreed that he was manipulated by others online to post these photographs.

The teenager told gardaí he had two friends, both online, with one from Slovakia and the other from Norway. He told gardaí he first accessed pornography online when he was six or seven years old.

Sentencing

On Tuesday, Ms Justice Ring imposed four and a half years detention on the boy which she suspended in full on condition that he engage with the Probation Service for three years. He is to be strictly supervised by the service.

The court heard that the boy is currently undergoing very strict supervision. Ms Justice Ring noted that the victim in the case was immediately taken into care and is doing very well with her current foster family. The rest of the siblings were also taken into care and remain in care.

She noted that when the girl was first taken into care she was clearly neglected. Her teeth were black and her clothes didn’t fit her. She would physically react whenever her brother’s name was mentioned.

Ms Justice Ring noted that the girl has clearly been left very vulnerable due to the childhood trauma she has suffered but said that it is hoped that she can progress with “the love and care she has received since going into care, along with her own impressive attributes”.

The judge said:
I wish her and her carers all the best into the future.

The judge noted that there was a detailed report from the various services the teenager is now engaging with, including the Probation Service.

These reports confirm that he is progressing well in his education, engaging in work experience and is being encouraged and supported in having age appropriate relationships.

She said the aggravating features of the case were the breach of trust between a brother and sister and noted that the child later disclosed that her brother had been aggressive towards her to ensure her silence.

Ms Justice Ring said the uploading of the images onto a social media site and therefore out into the world, was also aggravating.

She noted that once they are put up on these platforms “nobody has any control over them”. She said in time the child will understand the fact that there are these photos of her being abused out there that she has no control over.

She noted in mitigation that the teenager was fully co-operative with the garda investigation, is still a child and the “conditions and circumstances he experienced in his home”.

Ms Justice Ring said:

The acts are wrong to the highest extent, he knew what he was doing was wrong, even though he was child.

She said that if the teenager was an adult, a headline sentence of 11 years would be appropriate for the oral rapes, and headline sentences of 10 years appropriate for the production and distribution of the material.

Ms Justice Ring noted that legislation states that in sentencing a child “the least restrictive form” should be imposed and “a period of detention should only be imposed as a last resort”.

Ms Justice Ring reduced the headline sentences to four and a half years, three and a half years and three years considering that he was 13 years old at the time of the offence.

She said the work the teenager is currently doing “is making him a safer person”.

“I am satisfied that the current regime he is following is challenging and difficult,” Ms Justice Ring said. 

He is being closely monitored and is being rehabilitated, in the best interest of not only himself and his sister but also the general public.

“I am satisfied that the current regime is working hard to provide long-term public safety by bringing him to a point of not causing harm in the future,” the judge continued before suspended the four-and-a-half year sentence in full for three years.

She said he is to the keep the peace and be of good behaviour and engage with the Probation Service for two years. He was further ordered not to have any contact either directly or indirectly with his sister — unless considered appropriate and only with her permission.

Speaking directly to the teenager, Ms Justice Ring said: “You have to understand how close you came to be placed in detention”.

“You are serving a sentence in the community. You are facing going into prison if you get into trouble,” the judge continued before she added that if he continued on the path he is on, he has nothing to worry about.

Ms Justice Ring advised him that if he did come to garda attention again it would be prison he would be going to — not a detention centre.

“Don’t think you got away with it. I wish you well. You are doing fantastic work — I know it is hard, but keep it up,” Ms Justice Ring said.

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