11-YEAR-OLD RAPIST SHOULD NOT FACE TRIAL, SAY GARDAÍ
Boy carried out ‘truly shocking’ attack on a nine-year-old girl and case should be treated as a child welfare matter, says file to DPP
GARDAÍ have told the DPP they don’t want an 11-yearold boy, who they say raped a nine-year-old girl, to be charged.
The boy is accused of raping the daughter of family friends in a field on Easter Sunday, when one of the families was visiting the other’s home in the midlands.
However, despite the rape being classed as at the ‘higher end of the scale’, and sources describing the case as ‘truly shocking’, gardaí have recommended no criminal charge be brought against the boy, saying it is a child welfare issue.
Gardaí are instead recommending the ongoing involvement of Tusla, the Child and Family Agency, with the boy. A senior source explained: ‘This case is
more a child welfare issue than criminal at this point.’
The Irish Daily Mail can reveal gardaí are satisfied that it is the case that the rape took place.
The source added: ‘Gardaí do believe the crime occurred. Gardaí are putting all the evidence before the DPP.
‘The DPP can still direct a criminal charge.
‘Tusla and the HSE are involved heavily in this case. Obviously psychologists, psychiatrists and other professionals are providing support structures to try and help the victim, and also the boy who did this and their families.’
It is understood gardaí believe that the boy – who was interviewed by specialist officers – would not benefit from being put through the prison system.
‘DPP can still direct a charge’
The source continued: ‘The priority is to help the young girl and also to get to the bottom of the 11-year-old’s problems and try and solve them so he never commits such a crime again.
‘To put an 11-year-old boy in the prison system, to criminalise him, there is a view that that would not help him and in fact might be more detrimental.’
In Ireland, the age of criminal responsibility in most cases is 12 years of age.
However, a child aged 10 or 11 years of age may be charged with murder, manslaughter, rape or aggravated sexual assault.
It is understood gardaí have just sent an extensive file to the DPP and the National Juvenile Office on the shocking crime.
Detectives have outlined the ‘legal case’ to the State prosecutor.
However, investigators are not seeking a criminal charge, and instead are outlining the circumstances of the violent attack and recommending the ongoing involvement of Tusla and the HSE in the case.
The boy’s family are said to be good friends of the family of the girl he is believed to have raped on Easter Sunday.
The rape is said to be at the ‘higher end of the scale’.
Specially trained gardaí were brought in to interview the 11year-old, and sources have described the case as ‘truly shocking’.
It is understood his parents were present during the interview as required by law.
The children are from wellrespected families and their parents are friends with each other.
One family was visiting the other when the attack took place.
It is understood that the alert was initially raised after the girl told her mother about the assault.
The nine-year-old girl was examined by sexual assault specialists and a paediatrician. Sources say her ‘apparent assault appears to have been particularly serious’.
Intercourse with any child under the age of 16 is legally considered rape. It is not possible under law to claim consent in such a case, as a child under the age of 16 is considered incapable of consenting.