A 22 YEAR OLD man who had sexual intercourse with a 15 year old girl at a party has been jailed for nine months by Dublin Circuit Criminal Court.
A further 18 month sentence was imposed to run consecutively on Jack Wall, single, of Rathallagh Park, Shankill, Co Dublin, for an unrelated assault committed while he was on bail on the underage sex charge.
Earlier this week Wall admitted having unlawful carnal knowledge of the girl on the night of August 11th-12th, 1995. He also pleaded guilty to assault occasioning actual bodily harm on a man during a fracas in Blackrock on April 7th, 1996.
Sgt Kevin McHugh told prosecuting counsel Ms Miriam Malone the under age sex offence was committed at a party attended by about 17 young people.
The householders were away when some of their children organised the party.
The victim was unused to drink and became dizzy and unwell after consuming four cans of lager.
She went first to a back garden where Wall joined her and began kissing her despite her reservations, the girl told gardai later.
She said she participated in the kissing because she felt others in the garden would consider her stupid if she refused.
Sgt McHugh said the girl became ill in the bathroom and then lay down on a bed.
Shortly afterwards she realised Wall was beside her with his hand on her breasts. She said she screamed and shouted when Wall lay on her and she" pushed him off.
But Wall again lay on her and, interfered with her jeans and underclothes.
He had sexual intercourse with her despite her efforts tub push him off. She was left bleeding and sore.
Wall rejoined the others at the party.
The girl said nothing to her mother at first but some days later left home and stayed away. When found quickly by gardai she complained to her mother some days later and gardai began an investigation of the sex allegation.
Sgt McHugh agreed with defence counsel Mr Hugh Hartnett that no charge other than that of underage sex had been laid against Wall.
Statements were taken from nearly all those at the party.
Mr Hartnett asked that Judge Kelly be given a book with all these statements when making his decision on sentence.
Giving evidence in the assault case, Gda Henry Ainsworth said Wall intervened in a row and hit his victim on the head - with a brick. The victim received six stitches and still has a scar.
A female witness to the assault poured a can of cider over Wall before he ran off and he was easily identified when apprehended shortly afterwards.