An affair between a woman and a 14-year-old boy has resulted in the woman facing an 18-month jail term after she pleaded guilty to three counts of sexual assault at Ennis Circuit Court yesterday. The woman is now five months' pregnant.
Judge Sean O'Leary said he would suspend the sentence until the next sitting of the court, when a report on the 24-year-old woman's progress at a local treatment centre for alcohol and drug abuse will be received by the judge.
Judge O'Leary, who ordered that the woman attend Bushy Park treatment centre, told the court: "If the report shows a failure, I will have no hesitation in imposing the 18-month sentence."
He told the woman he was "giving her the chance to rehabilitate herself". He acknowledged he was "unduly lenient in all the circumstances but if there is any possibility of her becoming a useful member of society, it must be explored."
Earlier, the woman, who lives in a village in Co Clare, pleaded guilty to three counts of sexual assault on a male person contrary to Section 2 (1) of the Criminal Law (Rape) Amendment Act 1990 on dates unknown between June 1st and August 31st, 1996.
Garda John O'Sullivan told Judge O'Leary the boy was a willing participant in the sexual relationship with the woman and that the boy, now 16, still associates with her. The boy was in court when the case was being heard but refused an offer from Judge O'Leary to give evidence.
Garda O'Sullivan told the court the woman found it hard to have "a full understanding of the morality of dealing with the boy" and other members of her family where her father has a good deal of influence. She has two other young children and has had a history of alcohol and drug-related problems.
Dr Moosajee Bhamjee, consultant psychiatrist at Our Lady's Hospital, Ennis, told the court he assessed the woman last November after she was referred to him from Bushy Park treatment centre where she developed withdrawal symptoms from alcohol and drug abuse.
He found her to be "a pleasant girl, shy, easygoing, friendly. She doesn't see the consequences of her actions. She's not emotionally mature and has a teenager mentality."
Asked by Judge O'Leary if she represented a threat to young people to whom she was attracted, Dr Bhamjee answered: "No, she does not, she was falling in love with him and can't see a danger to anyone."
Dr Bhamjee said placing her in a treatment centre would help with her difficulties where counselling would deal with her drink and drug problems and psychiatric treatment would help her to develop emotionally.
The woman, who is unemployed, admitted she had drink and drug-related problems and told Judge O'Leary she would attend a course of treatment at the Bushy Park centre.
Mr Michael Collins, for the woman, asked for leniency and for the judge to take into account her plea of guilty and her nature. She was not readily cognisant of life's responsibilities, she did not have a full understanding of morality and she had a background of alcohol and drug abuse.
Judge O'Leary said the offences were serious and he sentenced her to nine months on each of the three counts. The first two sentences are to run consecutively while the third nine-month sentence is to run concurrently to the first two.
Judge O'Leary added: "In the very frank evidence made by Dr Bhamjee, she may benefit from going to Bushy Park." He told her: "I'll give you a break if you play ball with me, but if a bad report is forwarded, I'll send you to prison."
He said the threat of the prison sentence would not be terminated at the next session but would be ongoing to monitor the woman's progress.
The woman was earlier acquitted of two further counts of sexual assault against a 12-year-old boy and an 11-year-old girl in the summer of 1996, to which she pleaded not guilty. Judge O'Leary, directing the jury to deliver a not guilty verdict, said the evidence "fell far short of supporting a charge of sexual assault and could not safely bring a conviction".