A man who had unlawful carnal knowledge charges against him dropped after the "Mr C" case constitutional controversy has been given a five-year sentence for sexually assaulting a 14-year-old girl.
The Dubliner, referred to as "Mr F" to protect his victim's identity, was initially charged with unlawful carnal knowledge but those charges were struck out after the Mr C case highlighted the unconstitutionality of the legislation.
Mr F (26) pleaded guilty at Dublin Circuit Criminal Court after he was recharged with sexual assault between January 1st to 28th, 2005, in the north inner city.
Lisa Dempsey, prosecuting, told Judge Katherine Delahunt that an offer of €10,000 compensation had been refused by the girl who said it "would make her feel cheap" to accept it.
Judge Delahunt said he had begun "a pattern of what can only be described as grooming" after meeting the victim who had been "deeply affected" by the offence which occurred "within a close-knit group of friends and family".
Judge Delahunt imposed a sentence of five years in prison with the final two years suspended and ordered that Mr F, who has been registered as a sex offender, undergo 12 months of post-release supervision.
Det Garda Michael Tynan told Ms Dempsey that the victim's parents became aware that Mr F had had sex with their daughter some weeks earlier after she made a suicide attempt when she found out that he had made her 18-year-old cousin pregnant.
She had come into contact with Mr F when he became friends with her male cousin and he was often present when she visited her relatives. She began to look upon him as an "uncle who was always looking out for her".
Mr F went on holidays with her family in December 2004 and during this trip he gained her confidence and kissed her in his hotel room on several occasions but told her not to tell anyone.
Det Garda Tynan said that Mr F kept in contact through texts and sent her phone credit so she could reply. He obtained the keys to an empty flat and in January-February 2005 she would meet him there, eventually having sex because she felt he would not like her any more if she refused.
He ceased contact with her after they had sex and she began to feel depressed. The girl heard at the beginning of March that her cousin was pregnant and Mr F was the father. She swallowed 50 aspirin tablets and attempted to slit her wrists.
Det Garda Tynan said Mr F, who has 10 previous convictions for road traffic offences, assault and robbery, refused to answer any questions when interviewed by gardaí.