A 14-year-old boy who attempted to upload a video onto YouTube of him sexually assaulting his eight-year-old cousin two years ago has been handed a 16-month period of detention.
The now 16-year-old, who cannot be named for legal reasons, pleaded guilty at the Central Criminal Court to three charges including sexual assault, engaging in sexual activity with a child and production of child pornography at the children’s grandparents’ home in Sligo on St Stephen’s Day, 2021.
Imposing sentence on Wednesday, Ms Justice Melanie Greally said the aggravating features of this case include the victim's age, the age difference, the impact of the offending and the breach of trust, not only of the girl but also of her family.
Ms Justice Greally also noted the premeditation by the teenager who selected his young cousin and his efforts to secure her compliance, the recording of the incident in a “potentially permanent form” and the attempts to upload it to mainstream social media platforms.
She said she would set a headline sentence of 12 years if the accused was an adult, but reduced this to four years due to the boy's age.
She said she took into account the mitigation including the guilty plea, expressions of remorse, his adverse life experiences and his “strong emotional bond” with his mother, who herself has difficulties.
Ms Justice Greally said she considered that the severity of the offending and the aggravating factors meant that a period of detention could not be avoided.
She imposed a 16-month period of detention, followed by 16 months of supervision by the Probation Service.
Upload
A local detective told Garret Baker SC, prosecuting, that it was the teenager attempting to upload the video he recorded onto YouTube that led to the offence coming to light.
He confirmed that the online video sharing and social media platform intervened, and the video was never uploaded.
YouTube then alerted the authorities and provided all email addresses associated with the account. The detective said this led to the accused being identified.
He said it was obvious that the girl in the video was between eight and 10-years-old.
The video was not played to the court, but the detective gave a detailed narrative as to what it contained. It included the 14-year-old and the child kissing, and showed him demonstrating to her what to do, including performing oral sex on him.
The girl was interviewed by specialist gardaí in March 2022, and she confirmed that her cousin “put his private in my mouth and made me kiss him”.
The boy has no previous convictions and lives alone with his mother.
Victim impact statements from the girl and her parents were handed into the court but were not read out.
The detective agreed with Michael Bowman SC, defending, that his client made admissions and signed those admissions.
He accepted that he had tried to put the video onto his private YouTube account and confirmed that he had used his own phone, which he later handed over to gardaí.
The detective accepted that the teenager said he felt really sorry for what had happened and he “didn’t know how to describe it without looking like a monster”.
The boy had acknowledged that given his cousin’s age, there was “no reality to her being able to consent”.
Mr Bowman said his client accepts that it was “clearly a non-consensual act” but asked the court to accept that it did not involve violence and that it was not an offence carried out by an adult on a child.
He accepted that the offence was “aggravated by the recording of the act”.
'Unusual dynamic'
Mr Bowman said there was “an unusual dynamic” between his client and his mother, with the detective accepting during his evidence to the court that the accused’s mother seemed “out of the ordinary”.
Counsel said a probation report found the relationship with his mother “curious and concerning”, and noted that the boy had been exposed to pornography from the age of 12, and had “unrealistic expectations surrounding sex”.
The teenager’s case has been referred to Tusla.
Ms Justice Greally said the victim impact statements handed in on behalf of the victim and her parents convey the upset caused to the girl in the aftermath of the offending and its effect on her.
She said the girl's parents indicated their daughter is afraid of seeing the teenager in the local area and has become hypervigilant.
The girl has also developed a “dread” of Christmas, and her father said they try to shield her from memories by avoiding “physical intimacy”.
She noted that the reports handed to the court indicate the teenager is in “immediate need” of therapeutic supports. However, his mother is “not equipped” to support him through the process at this time.
Ms Justice Greally said she would defer the start of the period of detention and directed the teenager to present himself at the Criminal Courts of Justice on January 11th, when the order will take effect.
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.
