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A young woman wept when her husband was jailed for a year following an investigation that followed her giving birth to her first child when she was 13 and her second child the following year.
They have since married when she turned 18 and had a third child together.
“His opinion is that she never saw herself as a victim and was not going to help the investigation, but he admitted himself,” defense attorney Ray Boland said.
Sgt James Buckley said a social worker reported the case when she learned of the second baby in 2015.
“She was 12 or 13 when she conceived the first baby and 13 or 14 years old when the second baby was conceived,” said Sgt. Buckley.
Her husband is now 25 and she is 20 and they live together with their three children. The young mother was cared for during a period when she was a teenager when these issues came to light and her own parents raised the babies.
She did not file a complaint against her husband, but the prosecution ordered DNA tests to be carried out to prove the relationship of the two babies.
He pleaded guilty to the desecration of a girl under the age of 15 by having sex with her, one count related to 2013 and one related to 2014. Each count carried a possible sentence of life in prison.
Mr. Boland BL suggested that the young woman would suffer if her husband were imprisoned.
Both parties were born in Ireland but their own parents are not nationals. They cannot be identified.
Judge Seán Ó Donnabháin said: “I’m going to have to take an objective view. This man was five years older than the complainant. He had a sexual relationship with a 12 or 13 year old girl.
“The court has to take a serious opinion. It is not socially acceptable, it is not legally acceptable, it cannot be tolerated.
“The behavior is too wrong. It cannot be admitted by judicial institutions. I accept that it would be a very difficult case to prove and the motive is a very important matter.
“Their circumstances are now completely different – now they are of legal age, they can marry or not marry and society would not get involved but in view of the age that was spectacularly low (at the time of the offenses) I will measure a sentence in 12 months” , Said judge Ó Donnabháin.
Mr Boland had said in his presentation to the court: “I know this is a very unusual case, but I do not think there is any specific or general deterrent effect. It would have an adverse effect on the person who is the victim in the case ”.
The case was dealt with yesterday at a closed-door hearing at the Cork Circuit Criminal Court.
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