A TEENAGER who raped his five year old niece is to be psychiatrically assessed before Mr Justice Flood decides whether he should go to jail.
At the Central Criminal Court yesterday Mr Justice Flood told the youth (19) he was still deeply concerned about aspects of the case, particularly in view of a probation officer's report.
He ordered updated victim impact assessments on the girl, now aged nine, and remanded the defendant on continuing bail to March 29th.
He had adjourned the case at a previous hearing last October following an appeal by the victim's father who said: "I would not like to see him put away where he would get no help."
The teenager had pleaded guilty to raping his niece on three separate occasions in 1993.
Mr Barry White SC, defending, said yesterday that from a doctor's report on his client it appeared he had learned a salutary lesson.
But Mr Justice Flood stressed he was very unhappy about aspects of the probation report. He required further help before finally deciding the case.
He again warned, the youth not to go within five miles of the girl's home.