A MAN who had consensual sexual intercourse with a then 13-year-old girl on Howth Head in Dublin in 2001 has become the first to be found not guilty by a jury because of his belief as to her age at the time.
The jury at Dublin Circuit Criminal Court took less than one hour to acquit him of sexually assaulting her.
The now 27-year-old north Dubliner - referred to as "Mr K" - was the first man to offer the defence of believing at the time that she was old enough to legally consent to having sex with him on October 18th, 2001.
The now 20-year-old woman told her father and the gardaí some days later that she had not been raped by him. "I knew what I was doing. I was a bit drunk."
She agreed with defence counsel, Brendan Nix SC, with Marie Torrens BL, in cross- examination that she was put under pressure to tell her father what had happened and go to the Garda by at least one of her close friends who threatened that if she did not do so she would end their friendship.
The accused was among a number of men originally indicted for having "unlawful carnal knowledge" until the Supreme Court ruled almost two years ago, in the case known as "Mr C", that the legislation under which they were charged was unconstitutional because it did not permit for a defence of genuine belief as to age.
The original "unlawful carnal knowledge charges" were dropped by the State following the Supreme Court ruling and "Mr K" and the other men were then charged with "sexual assault".
He denied sexually assaulting the 13-year-old girl after they had consumed some alcohol.
"Mr K" told Mr Nix in evidence that 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, who believed she was in the 21-year-old range and from female witnesses who said they also believed she was 18 or older.
The ruling by the Supreme Court in May 2006 that Section 1.1 of the Criminal Law Amendment Act, 1935, was unconstitutional because it did not allow the defence of mistaken belief as to the girl's age, sparked a political emergency and a national child protection crisis. This meant that the charges of unlawful carnal knowledge of girls under the age of 15 against "Mr K" and others could no longer proceed.
Six months later, the Director of Public Prosecutions indicated that he would bring fresh charges against six men and entered a nolle prosequi on the unlawful carnal knowledge charges.
The six men were then cleared of that charge, but were re-arrested and charged with sexual assault offences.
A Donegal youth charged with the statutory rape of a 14-year-old girl in 2006, when he was aged 15, is to challenge the current legislation in the High Court.