'I have lost all my confidence,' says girl as friend is sentenced to time served for sexually assaulting her
A man who sexually assaulted his female friend when they were both aged 16 has been sentenced to time served.
The 22-year-old Dubliner, who cannot be named to protect the anonymity of the victim, has already spent nine months in custody after he failed to appear before the Children's Court in 2018.
He pleaded guilty at the Central Criminal Court to one count of sexually assaulting the girl, who he had been in school with, at an address in Dublin on August 1, 2014, while she was asleep in bed following a drinks party.
Sentencing the man today, Mr Justice Michael White handed down a sentence of one year, which was to take into account the nine months the man already served. As a result, the man would not spend any more time in custody and was free to leave, the court heard.
“The court is satisfied (the man) has already been sufficiently punished, both in terms of punishment and deterrence,” the judge said.
He took into account several mitigating factors including the man's youth at the time and the fact that it was “out of character” for him.
Detective Garda Colin Fitzpatrick told Derek Cooney BL, prosecuting, that on the night in question, the 16-year-old girl was having drinks in the house of some adult friends for whom she babysat, along with the accused, who was also then aged 16.
The court heard the girl went to bed between 2am and 3am. She told gardaí she was drunk and fully clothed when she got into bed in one of the children's rooms. She woke up to find her jeans had been pulled down and the boy was beside her, penetrating her vagina with his finger.
She said: “What are you doing? I have a boyfriend. Get off me,” and the boy stopped, the court heard.
The girl immediately confided in an adult female friend, but declined to call gardaí. Gardaí were later called after a child abuse complaint was made through Tusla and the girl was interviewed.
'I have lost all my confidence'
In a victim impact statement read out by counsel, the girl said she suffered depression, anxiety and panic attacks in the wake of the assault. She said she went on to have unhealthy relationships with men because she “just wanted to be with someone”.
She was in fifth year at the time but left school and did not complete her Leaving Cert.
“I have lost all my confidence since this incident happened,” she said.
Desmond Dockery SC, defending, said his client was extremely remorseful for the offence.
Defence submitted the boy had been in the same house with the complainant the night before the incident and that they had been “fooling around sexually” on the couch.
He submitted that when the boy got into bed with the girl on the night in question, he asked: “Is this OK?” before beginning to touch her and that the girl gave a “mumble” that he took for consent.
When interviewed by gardaí, he told them: “I should have made sure she was awake. I thought she was.” He added the girl was a “good friend” and he didn't want to hurt her. He was a virgin at the time and had limited sexual experience, the court heard.
“He made a massive misjudgment,” Mr Dockery said.
“Naivety, his tender age and sexual inexperience,” were all extenuating circumstances in the case, he said.
