*The incident occurred three years ago.
A TEENAGE girl told a Garda specialist interviewer that she was ‘scared and angry’ after a then 14 year old boy ‘humped’ her from behind in the company of other teenagers at a popular swimming spot at Killaloe three years ago.
In the case at the Children’s Court at Killaloe District Court sitting in Ennis, Judge Alec Gabbett has found the boy guilty of the sexual assault of the girl who was aged 15 at the time of the offence on May 14th 2022.
The boy from Limerick denied the sexual assault which occurred in the afternoon at a pontoon at Canal Bank, Killaloe, Co Clare.
Judge Gabbett said that he was finding the State facts proven against the now 17 year old boy and said that the girl now also aged 17 was “a very credible witness and dealt with cross examination very well”.
The girl was in court to hear Judge Gabbett say, “I have no doubt in my mind that based on the evidence that inappropriate touching and the physical incident occurred”.
Judge Gabbett said that the prosecution led by State Solicitor for Clare Aisling Casey was very careful to prove the identity of the accused in the case.
Judge Gabbett said that the case involved “some very, very young people”.
Judge Gabbett said, “The boys and girls were interacting which would not be unusual given their age. What is unusual is what followed”.
In a videoed interview with specialist Garda interviewers played to the court,
recalling the incident, the girl said, “I turned around and told him to stop and he wouldn’t stop”.
She said, “I told him to stop and I pushed him away by the shoulders”.
Asked by the specialist Garda interview how she felt, the girl replied, “I was scared and angry”.
The boy accompanied to court by his mother and older brother had been in for a swim with friends and was only dressed in his boxer shorts and the girl said that she felt his wet boxers on her skin when he ‘humped’ her from behind.
Referring to the accused, she said, “One of the boys came from behind me and started touching my bum and then he slapped it and then he grabbed it again”.
The girl said on the pontoon at the same time were two girls and three other boys.
She said that she didn’t know the boy and before the humping incident, the girl said that she heard two boys, including the accused “make comments about my body like ‘How about you turn over and bend over for me’”.
The boy represented by solicitor Daragh Hassett in the case was arrested by Gardaí and at interview, when asked if he touched the girl inappropriately, he said, “No, a million per cent, no”.
He said that he didn’t touch the girl in any shape or form. He said, “I have three witnesses”.
When asked by a Garda “so everything she says isn’t true?” The boy replied ‘yes’.
Judge Gabbett said as the accused is a child, he must order a Probation Report for sentencing and adjourned the case and further remanded the boy on bail to September 7th. Judge Gabbett also found the boy guilty of having in his possession the girl’s Revolut card on the same day.
