Judge hails courage of young victim in Ballina defilement case

A Ballina man has pleaded guilty to the defilement of a child at a park in the town.

The victim, who was 14 years old at the time of the offence, waived her right to anonymity so the accused could be named.

Devon Lavery, aged 22, of Moyvale, Ballina, pleaded guilty at Castlebar Circuit Criminal Court to the charge of defilement of a child under the age of 17. He was aged 17 when the crime was committed.

The injured party, Katelin O’Boyle, aged 20, from Quignashee, Ballina, was praised for her courage after she delivered a powerful and harrowing victim impact statement in court.

Det Gda Anne-Marie McHale told the court that on September 29, 2018, Ms O’Boyle asked her mother for permission to go to town to meet one of her friends. Her mother reluctantly agreed and when her friend cancelled Ms O’Boyle met two other female acquaintances. They went to Tom Ruane Park and encountered Lavery and two other youths.

Dt Gda McHale said Lavery had been trying to meet Ms O’Boyle for a number of weeks. The court later heard they had previously spoken on Snapchat but not met in person before. They kissed at the park but when Lavery asked for more, meaning sex, she refused.

Ms O’Boyle said her mother was coming to collect her. The victim's friends left the park and she remained with Lavery and the two other males.

Det Gda McHale said Lavery picked Ms O’Boyle up and carried her to a quieter area of the park at the astro-turf pitch. He tried to pull her trousers down on more than one occasion with the victim attempting to stop him from doing so. When he succeeded he put his fingers inside her vagina before forcing her to masturbate him.

The belt loop of the victim’s trousers was left broken from Lavery's efforts to pull them down.

The investigating garda said Lavery forced the victim to bend over and put his penis into her vagina causing her pain. He attempted to carry out the act again but she got away. 

Det Gda McHale said Lavery stayed at the back of the park "finishing himself off".

The court heard that while Lavery knew the victim was under the age of 17 there was ambiguity about whether he knew she was under 15.

Ms O’Boyle bravely read her victim impact statement in court, noting that the last five years have been the toughest of her life. 

“I was robbed of my childhood overnight,” she told the court.

She said she lived in fear everyday and the crime caused her to go into a state of "complete numbness". 

“He tore me to pieces,” said Ms O’Boyle, adding that she was never the same child again and was unable to stay at home or sleep in her own bed. 

“I slept with my Mum for about three months.” 

Ms O’Boyle said she suffered from nightmares and lost friends who did not believe her. She felt "dirty and disgusting" and hated her body.

“I should have had the choice of who I lost my virginity to and he robbed me of that at 14 years old,” said Ms O’Boyle.

She said Lavery had shown no remorse and smirked at her when he saw her at a distance on one occasion in Ballina. A letter of apology from the defendant to Ms O’Boyle and the court was handed in on the day of the hearing.

Barrister Patrick O’Sullivan, representing Lavery, argued that his client was a child himself at the time of the offence, having just turned 17.

He said Lavery, even at the age of 22, is not that mature for his age and contended that his client was a "very immature 17-year-old". Lavery works as a trainee mechanic and has no previous convictions.

Mr O’Sullivan said while the charge of defilement - and not rape - is what Lavery has pleaded guilty to, he has been called a "rapist" in his hometown.

A probation report found the accused to be at low risk of re-offending.

Mr O’Sullivan said his client has a "high degree" of remorse and regret.

“He accepts what he did was wrong,” the barrister stated.

Judge Eoin Garavan commended Ms O’Boyle for her courage in reading out her victim impact statement.

Judge Garavan said Ballina is a small place and if it is true that Lavery did not know the victim’s exact age he should have been far more cautious and inquisitive. The judge said he could not comment on the force used in the "carrying away" of Ms O’Boyle. 

Judge Garavan said he believed this was a "once-off event" and noted the accused is fortunate to have a supportive family but his reputation has been sullied forever. 

“He is to blame for that,” said the judge, adding that he was not impressed that following meetings with the Probation Service, Lavery halted counselling after several sessions as it was too expensive.

He adjourned sentencing but indicated that he would impose a one-and-a-half-year sentence which would be suspended on the basis that Lavery undergoes counselling and a course on consent.

The case was adjourned until October 8, 2024.