Courts / Tipperary / Report

Teen's six-month term for anally raping girl (15) too lenient, State argues

Date
2024-10-25
Stage
Appeal
Primary locality
Tipperary
County
Tipperary

Summary

The Court of Appeal heard that a 15‑year‑old was convicted of anal rape of a 15‑year‑old girl and sentenced to six months and one week of detention followed by the same period of community supervision. The State argued the sentence was too lenient, citing aggravating factors such as the victim's alcohol consumption, the anal injury sustained and the defendant's intent. The State also challenged the judge's discounts for the defendant's age and for delays in investigation. The defence maintained that the judge's assessment was within the discretion available and that mitigating factors were appropriately considered. The court reserved judgment on the appeal. The case involved the defendant taking the victim to a derelict house, giving her cider, and forcing sexual acts while she repeatedly said "No" and cried. The victim's impact statement described lasting fear and avoidance of leaving home. The unnamed girl pleaded not guilty and was acquitted.

Who, what, where, when and why

What: Report matter: Teen's six-month term for anally raping girl (15) too lenient, State argues. Charges or matters: the anal rape of the girl – who was also 15 at the time – by a majority jury verdict but was acquitted of a second charge of oral rape following a nine-day Central Criminal Court trial in Limerick; two counts of rape contrary to Section 4 of the Criminal Law (Rape) (Amendment) Act 1990, to wit the oral penetration and anal penetration of a girl on June 18, 2022 at an address in Tipperary. Procedural stage: appeal. Findings: Acquitted

When:

Case subjects

Unnamed girl

Convicted Person

Charges: the anal rape of the girl – who was also 15 at the time – by a majority jury verdict but was acquitted of a second charge of oral rape following a nine-day Central Criminal Court trial in Limerick; two counts of rape contrary to Section 4 of the Criminal Law (Rape) (Amendment) Act 1990, to wit the oral penetration and anal penetration of a girl on June 18, 2022 at an address in Tipperary (Alleged Or Contested)

Plea: Not guilty

Finding: Acquitted

Outcome: Acquitted; The final sentence imposed by the judge was a period of detention of six months and one week, followed by a period of community supervision of six months and one week. She said when matters were looked at cumulatively, the sentence imposed was simply too low and represented a "gross departure" from what would be appropriate in the circumstances.

Places mentioned

Court Venue
  • Court of Appeal
  • Central Criminal Court
Secondary Mention
Incident

Topics

Stage Appeal

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