A man who had sex with a 15-year-old girl while her parents banged on the front door has been given a nine-month suspended sentence by the Dublin Circuit Criminal Court. Other people in the apartment with them disconnected the front-door buzzer to stop the sound of the parents ringing.
The 35-year-old defendant pleaded guilty to having unlawful carnal knowledge of the girl in the apartment at Waterloo Road, Dublin, on December 29th, 1996.
Insp John Hayes told Ms Una Ni Raifeartaigh, prosecuting, that the defendant knew the girl by attending her father's art exhibitions. They became good friends and they agreed to meet for drinks without her parents' knowledge.
On December 28th, 1996, they went to various pubs, accompanied by her friend and by her cousin, who had also agreed to meet a man of similar age. After midnight the group went to the apartment on Waterloo Road, which was left vacant by friends of the girl's family.
Insp Hayes agreed that there was drinking and "bedding down" in various rooms of the apartment. There was a considerable amount of sexual activity between the accused man and the girl, during which they had sexual intercourse.
The girl's parents became concerned about her whereabouts and called to the apartment. All the other people in the apartment made efforts to keep them out, and the girl agreed to this.
The buzzer to the apartment was taken off the wall and, when the girl's parents left, the people in the apartment dispersed. When the girl went home, her parents were extremely angry and her first reaction was to complain of rape.
Later she accepted that this was not true and because of stress at home, she took an overdose of paracetamol later in the week.
Insp Hayes said she had no involvement with the defendant and was now pregnant through another relationship.
When questioned by gardai, the accused man agreed that he had sex with the girl and accepted that he knew she was under age.
Mr Luigi Rea, defending, said it would be catastrophic for his client to go to jail. The judge ag reed to Mr Rea's request that the defendant should not be named outside the court in case this would identify the girl.
His engagement had been put on hold because of what happened but his girlfriend was supportive. They were building a house together and he wanted to get on with his life.
Judge Kieran O'Connor said he was swayed by the defendant's admission of guilt which saved the girl from having to come to court to give evidence. It was a serious offence but he had no previous convictions and was willing to pay £2,000 compensation. He suspended the nine-month sentence on condition that he keep the peace for one year.