Teen sent for trial over alleged rape of unwell girl at house party
Tom Tuite
A teenager boy accused of the rape and sexual assault of a girl when she got sick at a house party in Dublin has been sent forward for trial to the Central Criminal Court.
The boy, 16, who has yet to enter a plea, was served with a book of evidence when he appeared before Judge Karen Dowling at the Dublin Children's Court.
Outlining the allegations, Garda Detective Sergeant Gavin Duffy said the girl and boy, both in their mid-teens, attended a house party.
The girl was there for several hours, and later that night fell ill and went to the bathroom.
It was alleged that she asked the accused to assist her, and she lay on the floor.
The court heard she was still unwell in the bathroom when the boy allegedly digitally penetrated her vagina. She stood up to get sick, and while vomiting in the toilet, the accused, who cannot be named due to reporting restrictions, "inserted his penis in her vagina".
It was alleged that the girl told him to stop, which he did and that he helped her pull her underwear back up.
She left soon afterwards and made a complaint to the gardaí. The teenage complainant attended a sexual assault treatment unit (SATU), and semen was found in samples taken.
The girl also attended a specialist interview with the Divisional Protective Service Unit a couple of weeks after the party.
About three months later, the accused attended a Garda interview with a prepared statement.
The court heard that the accused and the complainant had been kissing at a previous social event and had been in contact on social media before the party.
The detective sergeant said the girl did not report pain, and the SATU examination did not report signs of injury. The teen had to face trial in the Central Criminal Court, the mandatory venue to deal with a rape charge.
However, the judge was asked by the defence to consider severing the sexual assault charge and dealing with it separately in the Children's Court.
The State disagreed, arguing that it should be dealt with along with the rape allegation to avoid two trials and re-traumatisation for concerned parties.
The detective sergeant agreed with defence counsel Orla Doolin that the boy had co-operated, had come to the garda station voluntarily, and had given his account.
The defence submitted that the sexual assault allegation could be heard in the juvenile court.
However, the judge agreed with the Director of Public Prosecution that the defendant should be tried on both charges in the higher court, and she granted a return-for-trial order in respect of the two charges in the book of evidence.
The schoolboy, accompanied to court by his parents, was remanded on bail. A date for his next hearing has not yet been scheduled.
If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at drcc.ie/services/helpline/ or visit Rape Crisis Help. In the case of an emergency, always dial 999/112.
