A Circuit Court judge asked yesterday why charges were not brought against a 15- year-old girl who had consensual sex with her 19-year-old boyfriend, remarking that the girl was a conspirator in the commission of an indictable crime, namely statutory rape or underage sex.
The now 20-year-old man, who cannot be identified in order to protect his girlfriend's identity, appealed an 11-month sentence imposed on him at Tuam District Court recently for four counts of having unlawful carnal knowledge of an underage girl, when he appeared before Galway Circuit Criminal Court yesterday.
The court heard that the young couple were now living together with the accused man's mother and that the girl, who is studying for her Leaving Certificate, gave birth to a baby last January.
Det Sgt Michael O'Driscoll said the girl's parents found out she had sex with the accused last April and May, when she was still 15 years old and he was 19. They brought the injured party to Tuam Garda station in May to make a complaint.
Judge Raymond Groarke asked Det O'Driscoll why he kept referring to the girl as "the injured party" in his evidence. "Why is she referred to as the 'injured party'? Were any charges brought against her?" he asked. Det O'Driscoll said he did not understand.
Judge Groarke said that the girl was a conspirator. "She was part of a conspiracy to commit an indictable crime, was she not?" he said.
Defence barrister Paul McGettigan said it was an unusual case in that the mothers of the young couple were in court and were supportive of the situation. He said the girl's mother did not want to see the accused going to prison.
"Even though he raped her daughter, in law?" Judge Groarke asked.
The judge asked Mr McGettigan how he should approach sentencing in a way that would act as a deterrent.
Mr McGettigan said such behaviour was now "rampant" in society and society no longer wondered at it. He suggested that perhaps the law should be changed. This case, he added, presented a most unusual set of circumstances in that the couple were still together and it had not been "a one-night stand".
Judge Groarke disagreed on every point. He said 15-year-old girls should not be regarded as targets. "Perhaps it is time courts started jailing young men who behave in this fashion and maybe young ladies too," he observed.
"If we are to believe the headlines and if we go out out any Friday or Saturday night in any city or town in the country, we will see this sort of behaviour," Mr McGettigan said. "It's not unusual. What's unusual in this case if that the girl's mother is pleading for leniency because the accused is a good father and the couple have just got engaged."
Judge Groarke said he needed time to consider the matter and he deferred his decision to next Tuesday.