A man who had sex with a 13-year-old girl on three occasions has been jailed for nine months.

Ramon Smith, 18, had pleaded guilty to three counts of having unlawful carnal knowledge of the schoolgirl after making contact with her on the internet last summer.

At a sentencing hearing yesterday, prosecutor Takiyah Burgess said that Smith, who was 17 and unemployed at the time of the offences, first met up with his victim in Hamilton on May 31, 2013. Although she had earlier said that she was “turning 15 in December” and was wearing a school uniform, he suggested that they go to his house.

Once there, the couple went upstairs to Smith’s bedroom and lay on the bed. According to Ms Burgess, Smith began kissing and fondling the girl and that, when she said that “that is not going to happen”, he claimed that she “owed him”. He then had sex with her, stopping at one point to put on a condom.

The couple arranged to meet up a week later but a day before that date, the victim told a friend that she was seeing Smith. The next day, Saturday, June 8, the friend, who knew the defendant, spotted him walking to the victim’s workplace and asked if he knew her age. Smith is alleged to have replied that he did not care.

On that second occasion, the couple again went back to Smith’s house, had sex and also smoked marijuana.

In the third incident two days later, Smith telephoned the girl’s school pretending to be her stepfather and claimed she needed to leave early because she had an appointment. The girl was allowed out of class and again went back to Smith’s house where they had sex for a third time.

Smith was eventually arrested after the victim began getting bullied at school over the relationship. She became suicidal and confided in a school guidance counsellor who informed her parents.

“The victim said that, subsequent to the offences she had suicidal thoughts and had to have counselling,” Ms Burgess said.

“It was the defendant who invited her back to his home even after she had told him her correct age.

“This court has an overriding function to protect individuals, especially children, from offences of this nature. This was done after he had been told her correct age — he continued to have a relationship with the victim and supplied her with narcotics.”

Defence lawyer Elizabeth Christopher questioned the victim’s version of events.

“She said she was 16 and he was 17 and therefore he thought this had the makings of a proper relationship,” she said.

“The victim did not come across as awkward and on the first occasion she was eager for the activity that took place.”

Ms Christopher also pointed out that the victim worked as a cashier, looked more mature than her age, and had friends who were 16 or 17 years of age.

And she claimed her client had even asked the teenager why she did not have an auxiliary cycle — evidence that he believed she was old enough to have a driver’s licence.

But Puisne Judge Carlisle Greaves said that, once informed about the victim’s age by her friend, Smith should have done more to find out her true age. The judge said he should have questioned his victim and asked for proof — such as a passport — to show she was 16.

“I have found that, at best he was reckless in his duty to ascertain that she was of age,” Mr Justice Greaves said.

“Even if she had repeated to him that she was 16, he made no effort to ascertain her age other than asking her age — even after he was clearly told by her other friend that she was only 13.

“He seduced her to have intercourse and he cunningly arranged for her to leave school under a sinister and dangerous plan to accommodate his desire.

“This seems to be a case in which he chose to believe or accept what he wanted to believe for his own purposes. But the duty to verify her age rests with the defendant.”

Mr Justice Greaves said Smith’s crime warranted a sentence of 12 months in jail, but noting that the prosecution had earlier sought a sentence of just nine months, he gave Smith the lesser sentence.