A 26-year-old man with Asperger’s Syndrome who communicated with a 14-year-old girl for the purpose of sexual exploitation was given a two-year suspended jail sentence.

Kevin McGowan of Ardmanagh, Schull, County Cork, was sentenced by Judge Helen Boyle at Cork Circuit Criminal Court. He was 26 at the time of the offences and is now 30. He was not in any other trouble before or since this occurred.

The judge noted evidence that McGowan’s communication with the world was different to how others might communicate as a result of Asperger’s and that he had no previous convictions.

Judge Boyle also noted that the victim suffered depression and anxiety largely arising from trusting someone and then finding they were not trustworthy. She felt insecure for a long time afterwards.

Prosecution barrister, Brendan Kelly, said the accused man could be identified but not the injured party.

Defence barrister, Donal O’Sullivan, said the one word used repeatedly by the accused in a letter of apology, was the word, ‘sorry’ and he said he never meant to hurt anyone and would turn the clock back if he could.

During a trial by judge and jury last year, Mr Kelly BL said the then 26-year-old was involved in a classic case of grooming of the 14-year-old girl. Mr O’Sullivan BL said the accused hadn’t a clue what he was doing.

The jury of ten men and two women found him guilty on two charges at Cork Circuit Criminal Court. The accused man pleaded not guilty to communicating with the 14-year-old by Facebook messages for the purpose of facilitating sexual exploitation of the child. He also denied the charge of sending sexually explicit material to the child. The case relates to Facebook messages sent between April 16 and July 7, 2018. He was found guilty on both charges.

MESSAGES

The texts were initially friendly but became sexual in the last week or so of communications when he wrote, “Can I ask you something – don’t take this the wrong way or anything – have you tried fingering yourself. Do you mind if I ask you do you know how to do it. Maybe you don’t know how to do it right. If you ever want me to talk you through it or help you just ask… Just a friend helping a friend.” 

Mr Kelly BL said the defendant also asked the 14-year-old in a text if she was familiar with the concept of friends with benefits.

Defence barrister, Donal O’Sullivan, said of the accused having Asperger’s Syndrome, “He was 26 at the time but the reality is that he was not 26 – that is the elephant in the room.” 

Mr O’Sullivan said there was no exchange of phone numbers and that the texts were sent by Facebook messenger which did not require any knowledge of phone numbers. The defence barrister said the 14-year-old contacted the defendant first and in most of their conversations by text she was the one who initiated contact.

He said in his closing address to the jury, “He is an isolated man. He struggles with social interactions. He does not have friends… The prosecution asks you to draw the worst inference. But he never attempts to set up a private meeting with her. If there was such a meeting he probably would have run away.

“He never said to her to delete messages. And the vast majority of them are unobjectionable. I don’t like saying this with my client sitting behind me but he didn’t have a clue. He was contacted for the first time in his life by a girl and he didn’t know how to act. He had no experience. He is trying to be cool in the eyes of a 14-year-old girl. He sends off all sorts of stupid, objectionable – and they are objectionable – and idiotic messages but there was nothing behind them – he hadn’t a clue.”