Kilkenny courthouse
An man who admitted engaging in sexual activity when he was 18 and his victim was 14 years old was handed down a two-year suspended sentence at Kilkenny Circuit Court.
Prosecuting barrister, Dylan Redmond said that at the time of the offence his victim was under the age of 15. When the accused first met the injured party he was 17 and had turned 18 at the time of the offence.
Detective Garda Mary Beamish said that on May 2, 2021, gardaí received a report that a young male had camped in lands close to the victim’s family home in Co Kilkenny. Gardaí spoke to the victim’s father who said that an 18-year-old male had engaged in sexual activity with his 14-year-old daughter and that they had engaged in full sexual intercourse on May 1 in his tent.
A garda investigation took place and gardaí went to the location where the defendant had his tent. The defendant spoke to gardaí and made certain admissions.
A probation report which was before the court stated that the defendant had met the injured party through the social media messaging platform, Snapchat. There were four incidents involving sexual activity between the defendant and the injured party, three of the incidents happened when the defendant was 17 and were the subject of a nolle prosequi. The only charge before the court was of engaging in sexual activity with a child under the age of 15 on May 1, 2021 in a tent in a location in Co Kilkenny.
Det Gda Beamish told the court that the defendant was arrested on June 22, 2021 and indicated a guilty plea at the earliest opportunity. The defendant also told gardaí that he was aware of the injured party’s age and that she was 14, at all times.
Gardaí examined mobile phones belonging to the victim and the defendant and the data confirmed the nature of the sexual interactions between them.
The defendant’s barrister said his client ‘said he had let his feelings and emotions get the better of him’ and has not come to adverse garda attention since.
In a victim impact statement read out to the court the now 18-year-old woman said she can ‘finally see that I was never in the wrong’.
“I constantly thought that even as a 14-year-old I should have known better,” she said adding that ‘now I know it was never my fault’.
“No child should have to go through what I did or feel the way I did,” she added.
The defendant apologises to the injured party through his barrister who read a letter to the court which stated that the defendant ‘deeply regrets’ his actions.
“I never intended to cause you any hurt, I can’t say sorry enough,” he said.
Judge Jonathan Dunphy applauded the strength and courage of the injured party and added that he was ‘beyond impressed’ by her composure when delivering her victim impact statement.
“You have your whole life ahead of you, this will not define you,” he said.
Judge Dunphy said that mitigating factors in the case included that the defendant had accepted responsibility, expressed genuine remorse and has apologised unreservedly.
“He accepts that he knew her age and that she could not consent at the time,” he added. The judge also remarked that he was taking into account the young age of both of the parties and that there was no evidence of any threats or persuasion.
Judge Dunphy imposed a two year sentence which he suspended subject to conditions including that he co-operative with the Probation Services and to have no contact directly or indirectly with the victim or her family and to keep the peace and be of good behaviour.
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