A MAN who had sexual intercourse with a then 14 year old girl in a tent on Killiney beach has been given a two year suspended sentence.
John McDonagh (25), single, and the father of a six month old child, from Edenmore Crescent, Raheny, Dublin, pleaded guilty to having unlawful carnal knowledge of the girl on August 5th, 1995.
Judge Cyril Kelly at Dublin Circuit Criminal Court noted the girl's parents had accepted £1,000 offered by McDonagh. The only variation in McDonagh's account of what happened and the girl's was the question of consent and it was clear he thought she was about 17 years old.
The girl was one of a group who lied to their parents while planning to spend the night on Killiney beach and got an older person to buy them cider and lager. They met McDonagh and his friends and became friendly with them.
Judge Kelly said the victim, who was aged 13 years and 10 months, asked McDonagh if he had a condom after he had undressed her. When he replied he had, she said he could put it away because she didn't want sex. However, he had full sexual intercourse with her and after she went home the following morning, she told her mother.
Judge Kelly said McDonagh realised the gravity of what he had done. If the case had gone to trial, it was unlikely a jury would have convicted McDonagh of any offence other than the statutory one of underage sex.
Det Garda Denise Shaw told Mr Eamonn Leahy, prosecuting, that the girls hid the drink before they collected night clothes and told their parents they were going to a slumber party. The sexual intercourse happened when the others went to use the toilet in a nearby hotel and McDonagh and the girl were left alone in the tent.
Mr Patrick Gageby SC, defending, said McDonagh didn't plan to do what happened and there was nothing to suggest he was a danger to society. "I invite the court to look on this case as exceptional."