Judgement reserved in case of man who had sex with 14-year-old girl

The Court of Criminal Appeal has reserved judgement in the case of a 47-year-old man appealing against his conviction and sentence for having sexual intercourse with a 14-year-old girl.

The applicant, who cannot be named for legal reasons, was one of several men to see charges of unlawful carnal knowledge against them dropped after the Supreme Court ruled legislation concerning unlawful carnal knowledge of a girl under the age of 15 unconstitutional in 2006.

Having been re-charged with sexual assault, the man denied having sex with the teenager at his home on July 17, 2004.

He was sentenced to six years with the last two suspended by Judge Desmond Hogan in October last year, having being found guilty of sexual assault by a Dublin Circuit Criminal Court jury following a seven-day trial.

The court heard how the man first built up a relationship with his teenage victim via text message, before inviting her to his home, plying her with alcohol and twice having sexual intercourse with her in his bedroom.

Counsel for the applicant, Mr Giollaiosa O Lideadha SC, told the court that while there was evidence that the man knew the complainant was under 17 at the time of the assault, there was no evidence that he knew she was under 15.

Mr O Lideadha said that, without such evidence, a properly directed jury could not make a legitimate inference that the man knew the complainant was under 15 and thus could not return a safe verdict.

He said that the case should have been “thrown out” at the direction stage and that the trial judge failed to properly direct the jury on the “crucial matters” in the case.

Ms Melanie Greally SC, for the State, told the court that evidence that the man believed the girl to be over 15 was "pinned" on one very small extract from a garda intervew, an interview which in all other respects was “exculpatory” and “self-serving”.

She said that the man made a concerted effort to conceal the relationship he had with the complainant, and that by getting her to run errands for him and buying her treats such as call credit for her mobile phone, it was clear he had related to her as a child.

Ms Greally said that fact the man had referred to the victim as “jail-bait” in a statement to gardaí pointed to a “very definite appreciation” for the position he had put himself in.

Mr Justice Liam McKechnie, sitting with Mr Justice Declan Budd and Mr Justice Daniel O’Keeffe said the court would return a judgement before the end of the current court term.