Longford teen, aged 17, found guilty of sexual assaults on young girl, 14

A county Longford man has been found guilty of sexually assaulting a 14 year-old girl in a disused shed in county Longford two and a half years ago.

The defendant, who cannot be named to protect the identity of the victim who was a child at the time, pleaded not guilty at Longford Circuit Court to two separate charges of sexual assault on the complainant at the same location on April 4, 2024.

The defendant denied sexual assault by digital penetration on the alleged victim while they were both inside the derelict shed at Longford Circuit Court during the four day trial.

The defendant also pleaded not guilty to the sexual assault and the touching of the victim's vagina at the same location on April 4.

Barrister Stephen Faulkner, prosecuting on behalf of the State, said that the complainant was interviewed by a specialist garda in a child-friendly, interview suite in county Cavan on April 28, 2024 at 1.34pm.

The complainant's Garda interview was played for the jury and it was explained to them by Judge Kenneth Connolly that the complainant was allowed to give her evidence in this manner because she was under the age of 18.

The victim, who is now aged 17, was subsequently cross-examined via video link from a different area of Longford Courthouse by defence barrister John Hayden.

During the one hour long interview the complainant, then aged 14, was asked by the specialist garda why she had not been in school in the preceding days and she replied it was due to a recent incident.

"It's because of what happened and being assaulted,” the victim who said she was no longer unable to concentrate in school, added.

The complainant described how herself, the defendant, her cousin and up to half a dozen other mutual friends gathered at the derelict shed, a place they frequently socialised in and a female friend asked them if they wanted a drink.

The injured party said the defendant and a friend left and returned a short time later with a big bottle of vodka and she had 'three or four capfuls of vodka'.

The complainant stated at about 8pm one male friend left and he got the bus home and another friend left at about 8.30pm and the group started to gradually disperse.

The victim said she left and began walking to her house at about 10.30pm.

The injured party said she observed the defendant, who was a friend of her brother’s several minutes later standing in the doorway of a cafe.

"He said he was too drunk to go home and he asked me if I would go with him to the hut to get his pouch of tobacco.”

However, the complainant said that once they were inside the shed, the defendant's behaviour changed.

“He started grabbing me and he put his left hand around my waist.

"He said 'Just wait' and then he put his right hand down my trousers.

"First it was on my private area and he started putting his fingers up inside me.”

The garda asked where was the accused man's left hand at that point and she replied 'On my waist'.

The complainant added, “I told him to just get off me, I didn't want to.

“He said it was okay.”

The garda asked if the injured party's clothes were on at this point and she replied that they were.

The complainant said the defendant, who was 17 at the time of the sexual assault and is now aged 20, asked her to be quiet as she was getting too loud while he was sexually assaulting her and he placed his hand over her mouth.

She recalled how she was using her 'elbows and trying to push myself away'.

"I just wanted it to stop, it was uncomfortable,” she said.

“I eventually got him off me."

The complainant said the defendant then took out a condom and he asked her to have sex with him, but she declined.

The injured party stated at about 11pm the defendant's father pulled up in his car and he asked her if she wanted a lift home.

The complainant said the defendant’s father said he had seen his son with his arm around the girl's side and he asked her if his son had done anything to her.

She stated she was in shock and upset following the incident and she mentioned nothing about the sexual assault to the teenage boy's father and he dropped her near her family home.

The complainant said when she got inside her mother, who was somewhat critical of the lack of contact by phone, noticed she did not seem herself and she asked if she was alright before the young girl quickly disappeared into her bedroom.

The court heard a few moments later the victim text her mother on social media and stated, 'Mam I need to tell you something' and she added that her then-friend, the defendant, had 'touched her'.

The mother of the complainant gave evidence and said she knew something was wrong based on how her daughter appeared when she entered the house and the girl's dad had been sent out earlier looking for her because they had not heard from her.

The father of the girl returned to the house shortly after his daughter came home and he called the Gardaí at about 1am.

When officers arrived the mother of the complainant told them her daughter was too upset to talk to them that night but she would speak to them the following morning.

Gardaí stayed for about an hour and arranged an appointment for the complainant to go to Sexual Assault Treatment Unit (SATU) at the Midland Regional Hospital in Mullingar.

Carol Ward, a forensic scientist with Forensic Science Ireland, examined the complainant 19 hours after the alleged sexual assault occurred and she said there was no alcohol or targeted drugs found in her system.

A small abrasion was found on one of her arm, but there were no other injuries in her private area or body.

Barrister Stephen Faulkner, prosecuting on behalf of the State, asked Ms Ward if there was sometimes alcohol detected in the systems of people they examined after a period of 19 hours and she replied that it could sometimes happen.

The court heard DNA from 'two male profiles' was found on the underwear of the victim.

The mother of the complainant told Gardaí she had been told by her daughter the defendant put his hand inside her top and touched her breasts. however, that information was not included in her daughter's interview with Gardaí.

She also said her daughter was lesbian and her attacker was aware of that prior to the sexual assaults.

Defence barrister Mr Hayden, who cross examined the mother, who appeared emotional and distressed, said there were notable differences in the accounts of the daughter and her mother and he questioned why that was the case.

He suggested any conflicting information from the mother must have been told to her by her daughter.

Addressing the jury, he said, "I would suggest to you in the evidence given by [the complainant] in her DVD [Garda interview] she makes no mention or in the evidence of [her dad] she makes no mention whatsoever of [the defendant] pushing her against the wall of the shed.

"You might say that is only a small detail but we know that the conversation with [her dad] happened within the hours after the allegation emerged.

"Why did she not remember it?

"She agreed she was in a safe place [in the Garda interview suite].

"Then you go on and you look at [her mother's] evidence and there is no mention within [the complainant's] evidence of what [her mother] said.

"His hands were up her top and he felt and squeezed her boobs."

Mr Hayden also referred to how his client had spent about a month in hospital following a serious assault by two brothers of the victim, which has already been before the courts.

Judge Connolly asked the jury not to consider that incident during their deliberations.

During his closing speech to the jury, Mr Faulkner insisted the complainant had given a detailed description of the shed and the victim described how the defendant and another friend went to get a bottle of vodka and she recalled how the group left sporadically.

“She told you how she came upon [the defendant] at the doorway of the cafe, she told you how the accused asked her to go back to the hut.”

Mr Faulkner agreed none of those elements proved or showed that the complainant was sexually assaulted.

However, the prosecuting barrister referred to how the CCTV footage showed the defendant waiting in the doorway with the injured party following a few minutes later and interacting with him and he insisted these elements showed she was 'credible'.

Mr Faulkner said the complainant was not drunk and she would have contacted her parents if her phone battery had not died.

He stated the evidence given by the victim had been 'wholly consistent' and the direct evidence along with all of the collateral evidence tended to verify her version of events.

“There is no suggestion by the defence that this incident did not occur or that it occurred and there was consent.

"The only version is that it happened,” he added.

Presiding Judge Kenneth Connolly also reminded the jury of eight men and four women it was also impossible for the young girl to give consent at 14 years of age.

The jury retired to consider the evidence at 1.57pm and they deliberated for one hour and 49 minutes before returning with a unanimous verdict of guilty in respect of both charges.

The complainant, who is now aged 17, smiled and embraced her mother and father emotionally, while the defendant, who had been supported by his dad in court, glanced downwards when the verdict was announced.

Judge Kenneth Connolly praised the 'brave' and 'courageous' complainant and he commended the jury for reaching a verdict after such a sensitive trial before excusing them from jury service for seven years.

Mr Faulkner said it was the State's application to remand the defendant in custody, while Mr Hayden sought bail on behalf of his client.

The defence barrister stated he would be seeking a probation report and a psychiatric report as his client has 'sufficient personal difficulties' that could be highlighted'.

Judge Connolly remanded the defendant in custody and he directed the preparation of a victim impact statement, and a psychiatric report and he asked the probation service to engage with the defendant and prepare a pre-sanction report.

The case was then adjourned until March 16 next for finalisation.