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`Final' warning for man who had sex with 13-year-old girl

A Supreme Court judge yesterday warned a 19-year-old man to stay away from "precocious young girls'' shortly after he pleaded guilty to having sex with a 13-year-old girl.

"As far as you are concerned,'' Puisne Judge the Hon. Mr. Justice Ward told the Sandys man, "girls under the age of 16 years are not to have sex with, period, that's it.

"Anyone who has sex with a girl under 14 years can expect to be sent to prison.'' Mr. Ward said the only reason he was suspending the man's 12-month prison sentence for one year was because of his young age, his cooperation with Police and his good employment record.

Mr. Ward suspended the sentence despite the fact that the man was convicted three years ago for having sex with a 14-year-old girl.

"You have been warned before concerning these young girls and you have to avoid getting yourself into positions where you can be faced with this sort of problem.

"If you don't know how to resist these advances, then you play football and stay away completely. If you do it again, you're going to prison.'' Crown counsel Mr. Mark Pettingill told the court that on an evening in mid November, 1991, the girl was at her Sandys home preparing school work when the young man approached her.

"They spoke outside the house for a while before going inside and sitting on a couch in the living room,'' he said.

"The defendant lent over and hugged and kissed (the girl) and they both began caressing each other. The defendant then removed the complainant's clothing and proceeded to have sexual intercourse with her.

"At this time, the (girl) informed the defendant that she did not think she should be having intercourse and he told her not to worry...'' Mr. Pettingill said the girl did not report the incident until two weeks later when she missed her menstrual period. A medical examination revealed she had recently had sexual intercourse and contracted Chlamydia, a venereal disease.

The man was later arrested and admitted the offence.

A Police detective in court revealed that the man, when he was 16, was convicted of having unlawful carnal knowledge with a 14-year-old girl. He was sentenced to 160 hours of community service.

Mr. Peter Farge, lawyer for the man, said there was no evidence to suggest the girl got the venereal disease from his client.

Mr. Ward interjected to say that the issue in the case was penetration. He then said the man's problem was that he was not learning from experience.

"He was 16 at the time and involved with a girl 14,'' he said. "Now he is 19 and involved with a girl 13. It must have been pointed out to him that it was illegal to have sex with a girl below 16.'' Mr. Ward suggested the system had not been tough enough with the man when he was convicted at 16.

"When he got into trouble with the 14-year-old, he was given community service,'' he told Mr. Farge. "If he'd been whipped in front of his friends he never would have done it again. The problem is the lack of authority from above.'' The man, when asked if he had anything to say to the court, apologised to the girl's mother and "for the trouble I've caused''.

Mr. Ward explained that the prison sentence could be activated any time in the next 12 months if the man became involved in any illegal activity.

"For the next 12 months, you be on your best behaviour,'' he told him. "This is your last chance.''