‘An exploitative and predatory act’: Man jailed after having intercourse with 15-year-old girl

A man who, as a 24-year-old, had sexual intercourse with a 15-year-old girl in Fermoy seven years ago has been jailed.

Judge Helen Boyle imposed a sentence of 12 months with the last four months suspended on Lopez De Costa, of Close’s Rd, Farranree, Cork, who is now aged 31.

He pleaded guilty to a charge of having sexual intercourse with a child under the age of 17 between April and August 2017.

While the evidence was that the injured party “consented” to the intercourse, there can be no consent by a person under the age of 17.

Detective Garda David Moynihan said the background to this incident was that other men were involved in having sex with the same girl.

This began when she believed that she was in a relationship with one of them, and he introduced her to other older men who had sexual intercourse with her also.

They had been sentenced by another judge at Cork Circuit Criminal Court.

Defence senior counsel Elizabeth O’Connell submitted that the young man before the court in this present case was the least involved. Det Gda Moynihan agreed that this was so.

Judge Boyle said: “In terms of gravity, this concerns a consensual sexual encounter with a 15-year-old girl. You were aware of her age. She has been described as a vulnerable child.

“An aggravating factor is the age difference. You were a man of 24. You were married at the time.

“You were almost 10 years older than her. You were made aware of her vulnerability by other adult males, and you took advantage of that.

“It was an exploitative and predatory act, although on the evidence you were the least exploitative of the men who have come before the courts. You have no previous convictions. Of three other men before the courts, you were the least culpable.

“The effect on the injured party has been significant and had significant psychological sequelae for this young person and her family.

“Mitigating factors are that you entered a plea of guilty in early course once all of the legal issues were clarified in the case. You saved the State the time and expense of a trial, and saved the victim the trauma of coming to court to give evidence. You have not come to the [gardaí’s] attention since this happened seven years ago. You are a working person. Now 31 years of age, you have been employed all of this time.

“Sentences on the more culpable people ranged from two years with six months suspended, 18 months with nine months suspended, and a third accused got a 12-month sentence. So, all of them received periods of time in custody. I am bound appropriately by sentences given to people more culpable than you, but I cannot see it as anything other than a serious offence.

“Everyone else in this case went into custody and it is my view you must serve a custodial sentence — 12 months with the final four months suspended.”