A man who had consensual sexual intercourse with a then 13-year-old girl in Dublin in 2001 has become the first person to be found not guilty by a jury on his belief as to her age at the time.
The jury at Dublin Circuit Criminal Court took less than one hour to acquit him of sexually assaulting her.
The now 27-year-old, referred to as 'Mr K', was the first man to offer the defence of believing that his alleged victim was old enough to legally consent to sex in October 2001.
He denied sexually assaulting the then 13-year-old girl after they had consumed alcohol.
The accused was among a number of men originally indicted for having 'unlawful carnal knowledge' until the Supreme Court ruled two years ago in the 'Mr C' case that the legislation under which they were charged was unconstitutional because it did not permit for a defence of honest mistake.
The original unlawful carnal knowledge charges were dropped by the State following the Supreme Court ruling and 'Mr K' and the other men were then charged with sexual assault.
'Mr K' told the court in evidence that he believed the girl was aged '17 going on 18' when they had sex.
The jury also heard evidence from a pharmacist who sold her an inhaler at that time of believing she was in the 21-year-old range, and from female witnesses who said they also believed she was 18 or older.
