Court hears father learned of daughter’s abuse through diary

Man to be sentenced for sexual assault and defilement of 14-year-old girl in Co Kerry

A full and regular sexual relationship between a 19-year-old man and a 14-year-old girl came to light when the girl's father read her diary, the Circuit Criminal Court in Tralee was told.

The man, who is now 21, has pleaded guilty to two counts of “defilement” and one of sexual assault in early 2014 at a sports pitch where they would engage regularly in sex, the court was told.

The relationship started via Facebook, in July 2013, prosecutor Tom Rice outlined at a sentencing hearing. They began having regular contact through social media and mobile phone, they met face to face with other people present and in October 2013, he gave her the gift of a necklace.

The friendship continued and there was regular contact over media devices, prosecutor Tom Rice, prosecutor outlined at the sentencing hearing.

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The matter was uncovered in March 2014, when the father, who was concerned about a deterioration in her behaviour over the previous months, looked at his daughter’s diary.

“There is no doubt that any reading of the diary would indicate it’s written by a very unhappy child, experiencing various problems,” Mr Rice said.

However, he diary “also discussed her developing relationship” with the accused. The father took steps and “responsibly” went to the gardai. Social services also became involved, Mr Rice said.

Seven sexual acts are set out in the indictment at the Circuit Criminal Court, all of which were mentioned in the diary. They were mostly of “defilement of a child” that is of sexual intercourse, with a person under the age of 15 , contrary to Section 2 (1) of the Criminal Law (Sexual Offences) Act 2006 and they occurred mainly at the same sports pitch, all on dates in and between January and March 2014.

The man is to be sentenced on three counts of sexual assault and defilement.

In a victim impact statement, read by herself, young woman who is now 17 and is waiting to attend university, said she struggles on a daily basis with what occurred.

“My childhood was abruptly taken away from me,” she said.

She was depressed and angry that someone felt it was okay to do what they wanted with her body and mind, she said, adding that she is facing years of recovery.

“He was cruel ..and I suffered from an eating disorder because of this abuse,” the girl said.

Anthony Sammon, SC for the man, asked for the involvement of the probation services rather than a custodial sentence, saying this was at the end of the day a relationship between two teenagers, even if it did run foul of the criminal law age factors.

At no stage did his client realise the illegality of what he was doing, Mr Sammon said.

“This is not a young man that entered into this relationship with his young lady in a perverted and predatory approach,” he said. “A custodial outcome would be a disastrous for him.”

Judge John Hannon asked that the psychological report carried out on the accused be given to the girl and her father.

Judge Hannon has reserved his position with regard to the overall sentencing. Reporting restrictions are in place which may be reviewed the judge said, adjourning the matter and remanding the man on continuing bail.