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A Kildare man who had sex with a 13-year-old girl believing her to be her 16-year-old sister has avoided a jail term at Dublin Circuit Criminal Court.
A Kildare man who had sex with a 13-year-old girl believing her to be her 16-year-old sister has avoided a jail term at Dublin Circuit Criminal Court.
The now 21-year-old, who himself had just turned 17 at the time and cannot be named for legal reasons, pleaded guilty to having sex with a child under the age of 17 years old at a house in a Kildare town on June 5, 2010.
He has no previous convictions and is now registered as a sex offender.
The court heard that the girl had a contraceptive bar in her arm at the time, a fact known to the accused and his friends. She had also just had sex with the man’s 15-year-old friend.
This boy was never prosecuted by the Director of Public Prosecutions and was dealt with under the Juvenile Liaison Scheme.
Judge Martin Nolan said the facts of the case were graphic but he had to be fair to the man and take into account his age at the time, his plea of guilty, expression of remorse and the fact that a probation report put him at a low risk of re-offending.
“This conviction will blight him for some period,” the judge said before he added that it is “a punishment in itself” to have such an offence on your criminal record.
He said, having considered the probation report before the court, that it gave him “great hope” this this was a one-off event for the man.
“It is a tragic one for the victim but I believe it is one that he won’t forget in a hurry,” Judge Nolan said.
He imposed a one-year jail term which he suspended in full on condition that the man be of good behaviour and remain under the supervision of the Probation Service for a year.
Garda Eoin Dempsey agreed with Úna Ní Raifeartaigh SC, defending, that the girl had been engaging in sexual relations with other people at a local pitch earlier that night and had disappeared under the stands with one of the boys.
He confirmed that the 15-year-old boy she had sex with, minutes before her client, had never been prosecuted.
Gda Dempsey accepted that the man genuinely believed the girl was her older sister and confirmed that another witness had told gardaí that she had given a false name to other teenagers on the night.
Gda Dempsey told Gerardine Small BL, prosecuting that the girl and her friends had been drinking with the man and his friends for a number of hours before they all went back to one of the boy’s homes.
The girl had been talking to a 15-year-old boy before she went upstairs with him.
She later told gardaí that this teenager left her in his mother’s bedroom, before the accused came into the room, locked the door behind him, got on top of her and had sex with her.
He then engaged in a sex act with her before having sex with her again. Afterwards she got up, got dressed and left the house. The gardaí were alerted after she confided in a friend who in turn told their parents.
The man was arrested the following November and made full admissions when interviewed by gardaí.
He claimed that he thought the girl was her older sister, although he admitted that he was aware this girl was 16 years old.
“I was stupid, it was a massive mistake,” he told gardaí after he acknowledged that it was also illegal to have sex with a 16-year-old.
Ms Small handed in the girl’s victim impact report into court but it was not read out.
Gda Dempsey agreed with Ms Ní Raifeartaigh that although the man admitted performing a sex act on the girl and having sex with her, he claimed that she had locked the bedroom door and had got on top of him.
He confirmed that the man has always been co-operative and polite with gardaí, has been in full-time employment since he left school and comes from a decent family.
Ms Ní Raifeartaigh told Judge Nolan that the probation report concluded that her client was a completely normal young man who has a good attitude and no addiction problem.
It assessed him as being at a low risk of re-offending and indicated that the Probation Service was willing to work with him in the community.
Counsel said her client was not a predator and had reasonable grounds to believe the girl was 16 years old.
“He was an unfortunate young man who has paid a massive price for that mistake and being reckless,” Ms Ní Raifeartaigh said before she asked the court to give “a fair bounce of the ball” to her client.
She said he would be registered a sex offender for five years and he will always have that conviction.
Ms Ní Raifeartaigh also asked Judge Nolan to consider the victim impact report and suggested that the girl was “a young lady with difficulties in her life”.
“This certainly didn’t help but this was not the only thing that had happened her,” counsel said.
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A MARRIED teacher romped with a 13-year-old pupil in her classroom as another student watched, according to police records.
Newly released evidence obtained by detectives show Brittany Zamora also appeared to swap raunchy x-rated texts with the teen who she taught at Las Brisas Academy in Goodyear, Arizona.
And they allegedly groped each other during class while other pupils were distracted with a video.
Zamora faces ten counts of sexual misconduct with a minor and two counts of molestation - which she denies.
The teacher, now 28, was arrested in March last year after her alleged victim's horrified parents found nude images and explicit material on his phone.
Now, it has emerged that one of her alleged sordid trysts with the child took place in her classroom - as another boy watched.
AZ Central also reports that the pair sexually touched each other while oblivious students watched a video, police records show.
It is one of numerous seedy encounters between Zamora and the teenager, according to video, police interviews and footage of Zamora's arrest obtained by the newspaper.
One photo allegedly shows a photo of the boy's phone with messages between himself and the teacher.
Under the name "mrs.zamora_", she appears to write: "Aww baby - I wish you were with me" - before sending a mystery video clip.
Another message reads: "I want you too baby so bad! Whenever we can you know I'm down" with a love heart emoji.
A third adds: "Like you for real get sexier to me every day lol."
Police also photographed dozens of what they alleged were love notes swapped between Zamora and the teen - who cannot be named for legal reasons.
Zamora allegedly first began grooming the boy through her school's own social media app.
She used a programme called Classcraft to talk to students outside of school - including her supposed victim.
Zamora, who started at the school a year before the allegations emerged, allegedly had sex with the teen at least four times between February 1 and March 8 last year.
In one instance she is alleged to have performed a sex act on him in her car - and again in a classroom.
On another occasion the boy claims she contacted him at midnight and drove to his grandparents' house so he could sneak out to be with her.
If I could quit my job and (have sex with) you all day long, I would
After one supposed tryst, the boy is said to have messaged her asking to sleep with her again.
Zamora allegedly responded: "I know baby! I want you every day with no time limit... If I could quit my job and (have sex with) you all day long, I would."
The boy's distraught parents are suing Liberty Elementary School District claiming that school authorities did not do enough to protect their son.
They are seeking £1.9 million in damages, according to the lawsuit filed to Maricopa County Superior Court last month.
Steve Weinberger, who represented the family in court, said: “Any other school, school district, that’s using the application and misusing the application like Liberty School District has the possibility, the potential, for this kind of behaviour to occur.
“Anything can go on under their nose.”
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