A 10-year-old boy was raped by his cousin aged 12-14 while staying overnight and the defendant has been convicted of rape.
A detective from the Co Cork area where the incident took place testified at the Cork Central Criminal Court hearing.
There is a legal ban on the identification of those involved in the process.
The nature of the rape was oral and there was evidence – some of which was controversial – that the defendant threatened to harm the victim and destroy his Playstation if he told someone what happened at the overnight stay. In addition to the rape offense, there was a second charge of attempted rape, to which the defendant also pleaded guilty. The defendant is now 17 years old.
There was a brief statement about the impact of the victim of the now 13-year-old injured party. The detective read: “I had an incident with my cousin some time ago.
“I had a headache afterwards. There was a voice in my head that said, ‘Tell someone, tell someone’.
“As soon as I told my mom and dad, the headache stopped. We don’t mention his [defendant’s] Names in our house.
“Before I told my mom this, I got into trouble a lot. It’s all over now. “
The detective said the injured told his mother that his older cousin forced him to touch his Willy while he was sleeping.
When interviewed by a professional interviewer, the injured party said: “He put his thing in my mouth. If I didn’t, he would hurt me. “
The victim’s brother was present at the night and confirmed the bill.
The brothers said that their older cousin – the defendant – had given them what they called “the conversation”, which meant a conversation about sex, the previous night.
The injured party said to the expert interviewer: “He told me he would hurt me. I felt very insecure. He said if I tell someone he will hurt me very much. I thought the threat meant that he would bruise me. “
In an interview, the defendant said of the injured party: “I don’t think he wanted to do that. I think it was more of a fear than anything else. It wasn’t something he wanted to do. It was because he was scared.
“The more I think about it, it was a stupid thing. I was older. I think he was scared if he didn’t. “
While the defendant initially said he could not say whether he threatened his cousin or not, he later said he did not.
When interviewed a second time, he came up with the idea that both of them would individually watch pornographic videos on a phone or tablet and each of them would individually “play with their private parts”.
Senior Defense Counsel Siobhán Lankford said: “He is remorseful, he understands the wrong he has committed. In his youth he never had anything to do with social workers. He has had this matter on himself since he was 12 or 13 years old. She stressed him very much. There was a particularly traumatic event in his youth [related to violent death].“
Ms. Lankford said that despite the gravity of the case, the Children Act required detention only as a last resort.
Justice Michael McGrath adjourned the sentencing for more than two months to allow a report on a national interagency program to assist young people in this situation.
Ms. Lankford SC said the 17-year-old was happy to be committed to the service and had been held on bail to do so and continue his education.