Man avoids jail for defiling ‘vulnerable’ girl, 15
Judge Seán Ó Donnabháin said as he imposed a one-year suspended jail term on the accused yesterday: “The victim feels at the time she was vulnerable and he was older and she was not able to resist him.”
The judge said that in the presentation of the case there were some loose descriptions of it being consensual.
The judge said that while there was no suggestion of violence there could be no question of consent from a girl under the age of 17.
“Curiously enough both parties were living with their parents at the time,” the judge said in reference to the relationship that went on over a period of two years.
The accused pleaded guilty to four charges of defilement of a child when he was 20 and she was 15.
The matter came to light when the teenager and her parents came to her local garda station reporting that she had become pregnant in January 2011.
Almost three years later she returned to make a formal complaint of defilement against the accused.
She stated that in January 2009, after she completed her Junior Cert, she commenced a relationship with the defendant who was 20 years old. It went on for six months as a consensual sexual relationship at the home of the defendant.
In a victim impact report the young woman, who is now 21, said she had been traumatised by what happened to her and suffered anxiety and depression, for which she was medicated and counselled over a period of two-and-a-half years.
“I have not felt safe for a long time. My happy childhood was taken from me.
“The only good thing to come of it is my daughter. It is very difficult to be happy and safe.
“I was vulnerable at 15 and had no courage to stop what was happening. I cannot go socialising.
“My family are unaware of the full extent of this crime. I was just trying to protect them. I don’t want this crime bringing me down mentally any more than it has.
“I would not like anyone to experience what I did,” she said.
Judge Ó Donnabháin was told that the defendant was quite controlling and would often check her mobile phone and she found it difficult to get out of the relationship.
Patrick O’Riordan, defending, said the Child and Family Agency Tusla carried out its own inquiry in relation to the accused and concluded there was no child protection issue with the accused.
“It was a consensual relationship albeit one prohibited by law. This is not a rape case as such.
“The probation service found that he was pleasant and co-operative and a low risk of re-offending,” Mr O’Riordan said.
The barrister said the accused was paying maintenance for his daughter.
Earlier in the week, Judge Ó Donnabháin said he was going to adjourn the case until today for sentencing.
Mr O’Riordan asked for it not to be adjourned to that day as he would not be able to attend as he had “a personal matter on Friday.”
Judge Ó Donnabháin told the barrister he would have to “depersonalise” it on Friday. Mr O’Riordan said, “Judge, I’m getting married on Friday.”
After an outburst of laughter in court the judge agreed to adjourn the case to yesterday instead.
