Five years in jail for rape of underage girl

A 20-year-old man has been jailed for five years for raping a young girl in an incident involving what Mr Justice Kearns described…

A 20-year-old man has been jailed for five years for raping a young girl in an incident involving what Mr Justice Kearns described as an element of collusion by her friends.

James O'Donoghue of Mallow Road, Cork, was found guilty by a Central Criminal Court jury last September of abducting and raping the then 13-year-old girl on August 3rd, 2001, in Tipperary.

He was 16 when he committed the offences.

He was convicted by a 10-2 majority verdict of falsely imprisoning and raping the victim in his caravan, having unlawful carnal knowledge of a female under 15 and of sexually assaulting her.

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The jury took almost five hours to reach its verdicts on day five of the trial.

Mr Justice Kearns, who heard that the victim attempted suicide shortly after the rape, said it was a horrific incident in which one or more of her friends were aware something was going to happen "and that she was a victim of collusion by them".

"She found herself in a room with him and he refused when she asked him to stop his sexual advances until he raped her," he said.

"Young men have to understand that when a young woman says no, she means no."

Mr Justice Kearns noted that O'Donoghue continued his denial of guilt and that the victim's family were subject to threats.

He warned that any threats from O'Donoghue's family would be considered as a very serious matter by the court.

He said O'Donoghue was a young man with no previous convictions and directed that sentences of two years each for the abduction and unlawful carnal knowledge, and 18 months for sexual assault were to run concurrent to the five-year sentence for rape.

Consultant psychiatrist, Dr Yvonne Begley, said the victim took an overdose as a result of the rape and was committed to hospital. She suffered from post-traumatic stress disorder and while she had made a good recovery, there could be repercussions in later life.