A man who was 19 when he had sexual intercourse with a 16-year-old girl was yesterday sentenced to 11 months imprisonment, suspended, at Mullingar District Court.
Judge John Neilan made the order at the court in the case of Jason Higgins, 4 Castle Grove, Castlepollard. He pleaded guilty to the offence, which took place in an area outside Mullingar on August 6, 2008.
The judge accepted that Mr Higgins did not know that 17 is the age of consent, and he referred to a report prepared for the court by consultant psychiatrist Seán O’Domhnaill who stated that it is “a very widely held belief” that the age of consent is 16.
However, he pointed out that it had been made clear to Mr Higgins following a previous supervised date at the victim’s house that her parents did not feel he was suitable company for her.
Investigating Garda Martin Murray read aloud statements from the victim and Mr Higgins.
The victim, who according to Mr Higgins’ solicitor Louis Kiernan was “16 and three quarters” at the time of the offence, said she had been “going out” with Mr Higgins.
They were texting that morning and agreed to meet up at a quiet location near trees where they began kissing.
In their statements, both Mr Higgins and the victim indicated that they understood the other wanted to have sex when they talked about going somewhere quiet.
They had been texting each other for approximately a month when they had sex, having met through a mutual friend.
Judge Neilan said Mr Higgins had “set out fairly and squarely his total involvement” in the incident and that as far as Mr Higgins was concerned “he wasn’t competently aware that the age of consent wasn’t 16.”
However he referred again to the medical report prepared by Dr O’Domhnaill in which Mr Higgins admitted that he was unwelcome at the victim’s house because her parents “don’t have a particular liking for him.”
That the victim’s father was looking for her indicated “some reason to believe that things might not be right.”
“If she went against the wishes of her parents, that’s her business,” he said, however he added that Mr Higgins was “strictly on notice that he should have absolutely nothing to do with her”.
The sentence is adjourned until January for victim impact and probation reports to be prepared.
