Man who had relationship with 13-year-old is jailed

A 36-year-old security guard who had a relationship with a 13-year-old girl and fathered her child has been jailed for two years by Judge Des Hogan at Dublin Circuit Criminal Court.

The married father of three children pleaded guilty to four counts of having unlawful carnal knowledge of the girl on dates between December 31, 1999 and November 30, 2000. He can’t be named for legal reasons.

Detective Garda Sean McAvinchey told Ms Mary Rose Gearty BL, prosecuting, that the girl had sexual intercourse with the security guard for the first time after getting drunk at a New Year’s Eve party in his house. She had been a virgin until then.

Det Gda McAvinchey said the girl and her family had moved to the south Dublin area in November 1999 and became neighbours with the man. The two families became friends and soon after the girl started to baby-sit the man’s three sons.

She asked for a glass of red lemonade at the New Years Eve party and after drinking it she realised it contained Southern Comfort. She had a few more and before long she was drunk.

Det Gda McAvinchey said the two were kissing for most of the night and later on they had sexual intercourse. After that the couple began a relationship and the girl would call in to his house on a daily basis. They continued to have sex throughout this period.

The girl’s mother suspected in July of 2000 that there was something going on between the pair and forced her daughter to move in with an aunt in the inner city area.

She returned home in September of that year and began to baby-sit for the accused again. The couple also continued to have sex up until November of that year.

Det Gda McAvinchey said the then 15-year-old girl gave birth in August 2001 gave birth and the man was subsequently arrested. He cooperated with the gardai but insisted she had instigated the relationship.

Det Gda McAvinchey agreed with defence counsel, Mr Peter Finlay SC, that in the first incident on New Years Eve there was no indication that his client had intended the get the young girl drunk. He admitted, however, that he did take advantage.

Mr Finlay told Judge Hogan his client only received definite confirmation that the girl’s child was his yesterday morning and was willing to offer financial support.

Counsel said his client was remorseful and acknowledged that it should never have happened. "It was wrong and inexcusable but it has taken it’s toll on his marriage and he now lives away from his wife and three children", Mr Finlay added.

Judge Hogan described it as a most serious crime committed by an older man on a considerably younger girl and it was committed over a period time.

"I must take into account their respective ages and also the consequences it has had on her young life," he said.

"She has dropped out of school and it appears to me her life has changed substantially by virtue of what has happened.

"I also take on board that this man pleaded guilty early and he doesn’t fall into the category of a defendant having a criminal mind and he has no previous convictions. Nonetheless, it appears to me that this is the type of offence that warrants a custodial sentence and I intend to impose one," he concluded.