Man Cleared Of 'Raping' Girl Of 13

An historic court decision has cleared a man who had sex with a 13-year-old girl.

For the first time in an Irish court, the man - who was 20 at the time - successfully argued that he was unaware she was under the age of consent.

The north Dublin man, referred to as Mr K, was the first male to offer the defence of believing at the time that she was old enough to legally consent to having sex with him.

Mr K denied sexually assaulting the then 13-year-old girl after they had consumed some alcohol. He told the court in he believed she was aged "17 going on 18" when they had sex.

The jury also heard evidence from a pharmacist who sold her an inhaler at that time, believing she was about 21. Female witnesses said they also believed she was 18 or older.

The jury at Dublin Circuit Criminal Court took less than one hour to acquit 'Mr K' of sexually assaulting the girl in Howth on October 18, 2001.

The now 20-year-old woman told her father and the gardai some days later that she had not been raped by him. "I knew what I was doing. I was a bit drunk."

The accused was among a number of men originally indicted for having unlawful carnal knowledge, until the Supreme Court ruled the legislation under which they were charged was unconstitutional as there was no capability for a defence of genuine belief as to age. See: Donegal Teenager Challenges Law On Statutory Rape



(DW/JM)