A teenager who admitted having sex with a 12-year-old girl was today spared jail because of “exceptional circumstances”.

Kieran Dalton, 19, of Strathlorne Close, Rock Ferry , pleaded guilty to the statutory rape of a child under 13, when he was aged 18.

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However, the girl – who said it was consensual – would not make a complaint and the prosecution was based on his admissions.

Dalton, who suffers from ADHD, said the girl told him she was 16, and that when he met her, he “thought perhaps she was only 15”.

Liverpool Crown Court heard a police officer said: “I will accept having met her she doesn’t look 12, but I don’t think she looks 16 either.”

Charles Lander, prosecuting, said the matter came to light when the girl visited a sexual health clinic.

He said she told workers “she had been talking to an older male on Facebook who told her to come to his flat”.

Mr Lander said: “She said she knew he was 18 and mentioned it was all consensual.”

Social services were informed and police visited the girl’s home, but neither she nor her family would give a statement.

Mr Lander agreed with Judge Alan Conrad, QC, that without Dalton’s admissions, “it would have been impossible to launch a prosecution”.

He said there was evidence she made sexually explicit suggestions to Dalton and wanted to meet near his parents’ home.

The teenager said he just intended to watch a film, but “she was all over me, she was kissing me, and then she eventually got on top of me”.

Exterior shot of Liverpool Crown Court in Derby Square
Dalton, who is 5ft 8in, said the 5ft 1in girl never mentioned being at school.

Mr Lander said: “He was very surprised when it was put to him that she was only 12.”

Nicholas Walker, defending, said his client, who has no previous convictions, was immature, struggled in education, social situations and at work, and needed help.

He said: “Probably many people hearing the blunt allegation that he has admitted, that of rape, would, without knowing the circumstances of the offence, be driven to a gut reaction that the defendant must be sent immediately to prison.

“This is really an exceptional case, a highly unusual case, and my submission is that this case need not result in an immediate custodial sentence.

“The defendant said he was gob-smacked, it was stomach churning and he felt sick when we was told of the age of this girl.

“He is somebody who had sex with someone who he was told was 16.”

Judge Conrad said it was an offence that spanned a wide range of culpability, from older “exploitative, predatory paedophiles” to younger offenders like Dalton who have consensual sex with a girl they believe to be older at “the other end of the spectrum”.

The judge said sentencing guidelines allowed for “exceptional cases” where lengthy community orders with sex offending treatment programmes “may be the best way” to change an offender’s behaviour and protect the public.

He said: “I take the view this is an exceptional case.”

Judge Conrad handed Dalton two years in a young offenders institution, suspended for two years, plus a four month home curfew from 9pm to 6am.

He told him to attend a rehabilitation course for 35 days, sign on the Sex Offenders Register for 10 years, and imposed a five-year Sexual Harm Prevention Order.

so she said she was 16 and she started the sexual encounter "The teenager said he just intended to watch a film, but “she was all over me, she was kissing me, and then she eventually got on top of me”" and without any proof otherwise he may well have believed she was 16.

there's so many young girls around now where it is difficult to identify their age, they all wear tons of make-up and dress older than they are so they can look anything between 18-20 when in fact they're 14-16. it's scary and i can see how young lads could get it very easily wrong and end up in front of a judge. I know girls who have been going out on nights out to Liverpool since they were 14-15 because with the right make-up and clothing they can easily get away to pass for 18 and get into clubs.

The girl herself nor her family made a statement against the bloke. Very sad that there are children sexually aware and active at such a young age, however it would seem that in THIS case that sex was consensual, despite her being legally under-age.

The danger being, of course is that not all 'kids' are sexually aware or mature, thus the legal age of consent must remain. Whether we like it or not, under age sex does go on and will remain to go on, certainly in this digital age.

Having had a conversation with a Child Protection Office at my grandson's school, she said that if they were to prosecute under 16's for having sex (particularly between 14 & 16) then pretty well every child in the school would be prosecuted.It really is incredibly scary but just look around Asda, Tesco etc and look at the clothes being sold for kids these days - they only sell them because parents buy them!
Check out facebook and kids as young as 5 or 6 will be posing with ridiculous fish pouts looking 'sexy' in most photos. They don't have chance to be children any more these days and it is so sad IMHO

It's social media & these pop stars & some of the music videos & stuff on you tube they can access.My Grandaughter is 12 & she's on various social sites under my daughters supervision,she got in trouble for one of her profile pics & my daughter was explaining to her the dangers of putting stuff like that up.saying that my youngest daughter is 15 & she is younger in her mind.they're not quite 3 years apart from my grandaughter but the 12yr od is more mature than the 15 yr old.

The lad hasn't just got ADHD, he has other issues as well. Also, if it wasn't for his own admission, there would have been no charge against him at all - how much should he be punished for that level of honesty?

There could even be a case for prosecution of the girl's parents if this was fully followed through and often it thought best that a softer approach should be followed instead, I would presume social services are involved by now.

A further thought that while it is automatic statutory rape against the older lad, a minor can also rape a none minor!

I agree.Music videos are like soft porn these days.Back in my day, Madonna in her lacy tops and baring her belly button pushed the boundaries.....

Miley Cyrus,one minute Hannah Montanna & lookwhat she's turned in to now,some, role model.

I concur with this. Have you seen Steven Gerrards daughter's instagram? here it is it's Lilly and she's twelve. TWELVE YEARS OLD. look at some of them pictures, and how he lets her have that account and post some of them pictures is beyond me... I suppose it's Alex's "modeling career" that's inspired Lilly...

I hadn't seen these,thought with his profession he would be more strict about that.I know my daughter is strict with my Grandaughter,she's had her phone taken off her once & they have explained about what sort of pictures she can take, she's a smart kid but it's knowing who's checking in on stuff & my Grandaughter has got an old head on her shoulders.