A Central Criminal Court judge has stated that far greater discussions about consent are required online, stressing that “the days of she didn’t fight back, scream or run away have passed”, reports Breaking News.
Ms Justice Mary-Ellen Ring made the remarks on Wednesday while sentencing a 21-yr-old man who had been found guilty of oral rape, attempted rape and sexual assault.
He received a three-year sentence with the final year suspended on strict conditions, reports Breaking News.
The offences occurred in January 2022 when both the offender and the victim were 17. They had gone together to a skatepark in Leinster where some consensual kissing took place before the man committed the offences.
He continues to deny the offences and maintains that the sexual activity was consensual. He has no previous convictions and cannot be named in order to protect the woman’s anonymity, reports Breaking News.
While determining the sentence, Ms Justice Ring described the case as “sadly yet another case where there was a lack of knowledge or effective disregard of consent.
“There continues to be no understanding that consent is an active discussion. Silence is not consent. Lack of resistance is not consent. Remaining in place is not consent. The days of ‘she didn’t fight back, scream or run away’ have passed, and juries understand this even if perpetrators don’t”., reports Breaking News.
The judge observed that insufficient conversations about consent are happening on social media.
She emphasised that cases of this nature involving those under 18 leave “young lives broken” and carry “lifelong consequences” for both the victim and the offender, reports Breaking News.
The judge identified aggravating factors including that the offences occurred in a remote, poorly lit corner of the skatepark, the breach of trust involved, and the “significant” impact on the victim and her family.
She said she had taken into consideration the offender’s youth at the time of the offences, his lack of previous convictions, and his personal circumstances, reports Breaking News.
The judge stated that the court could not ignore the delay in bringing the case to trial, which was not the fault of either the defendant or the victim. “This has added to the distress of both parties and caused difficulties for both in planning their futures”., reports Breaking News.
She indicated that a headline sentence of six years would be appropriate for an adult offender, but reduced it to three years to reflect his status as a juvenile at the time of the offences.
She suspended the final year of the sentence and backdated it to last month when the man entered custody. The judge also ordered that he be placed under the supervision of the Probation Service for 12 months following release, reports Breaking News.
At an earlier sentencing hearing, the woman read her victim impact statement in which she described the effect that delays in the investigation and court process had on her and her family. She said what happened has followed her for the last three and half years.
She described the investigation as a “very difficult and slow process” and said she found it “daunting” having to explain what happened to strangers, reports Breaking News.
She spoke about the stress and worry caused by delays to the process and preparing for trial for both herself and her family. She said the trial “was based on my truth, yet I am referred to as a witness”.
She said “people were speaking for me”, and what happened to her was talked about “with no emotion”., reports Breaking News.
“It is their job to do this. They get to do this and know it is another day in the office, while I’m sitting there and it is my life”., reports Breaking News.
She said she found the trial difficult and traumatising. She described the cross-examination as “very stressful”.
“It gave me a real understanding of victim blaming”, she said, adding that it was “awful” to have someone “try to undermine my truth and integrity”., reports Breaking News.
She said reading her statement was the first opportunity to speak for herself during the criminal process.
Ms Justice Ring told the woman that a new protocol, designed to bring cases involving complainants or defendants under 18 to trial within 12 months, exists “because of cases like yours”, reports Breaking News.
“It is important you highlighted that. It reminds us again not to let delays arise,” the judge said, reports Breaking News.
Finalising the sentence, Ms Justice Ring wished the woman well and expressed the court’s hope that in time she will be able to move forward with her life, reports Breaking News.
Evidence showed that the boy and girl met in late 2021, added each other on Snapchat, chatted on the app and by text, and arranged to meet in mid-January 2022.
They initially walked around, kissed consensually, then went to a poorly lit corner of the skatepark where further consensual kissing occurred. There, the boy orally raped the girl, attempted to rape her, and also sexually assaulted her, reports Breaking News.
He was interviewed by appointment in February 2023 and identified Snapchat profiles and himself on CCTV.
A probation report presented to the court assessed the man as posing a medium risk of re-offending, reports Breaking News.
If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at drcc.ie/services/helpline/ or visit Rape Crisis Help.
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