March 2016: Now living in Dundalk
June 2008
Jailed for an ‘illicit kiss’ with girl (14)
![barry]()
A MAN cleared of raping a 14-year-old babysitter was jailed for 18 months yesterday for kissing the teenager.
The 31-year-old was beaten up by the girl’s father and another relative and warned he would be kneecapped unless he pleaded- guilty to rape.
But despite being cleared, Justice Paul Carney gave the sentence yesterday for what he called “the illicit kiss” which constituted sexual assault.
Nicholas Barry (31), of Corach Avenue, Wellingtonbridge, Co Wexford was convicted in May by a jury at the Central Criminal Court of sexually assaulting her but cleared of raping her on November 25, 2006.
The girl had admitted during the trial she knew her former babysitter had been beaten up by her father and another of her relatives as a result of her allegation. She also knew Barry had received threats that he would be “knee-capped” unless he pleaded guilty to raping her.
Prosecuting counsel Sean Gillane said the physical activity involved in the offence was at the “lower end of the scale” but that the victim’s age was an “aggravating factor”.
Mr Justice Carney said it he found “this a most difficult case to resolve” because sentencing was about proportionality and this case involved, on one hand, “an illicit kiss, albeit a passionate one. On the other hand I am concerned with the protection of 14-year-old girls from sexual exploitation”.
He said if anyone was displeased with his sentence, their quarrel should be with the DPP and not with him. The DPP had indicated that this case was considered to be at the lower end of the scale for sentence.
Mr Justice Carney said he also accepted Barry’s “genuine remorse”.
The victim said in her impact evidence: “Why did he have to do it to me. Why didn’t he just cop on?” She said she had constant flashbacks, had difficulty sleeping and was afraid to go out in case she saw Barry.
Senior Counsel John O’Kelly said Barry was in a stable relationship and was dealing with an alcohol problem. He submitted that he was at low risk of reoffending and his client was embarrassed and ashamed by the “one-off incident”.
Barry claimed he had kissed her but did nothing else and that after he asked her to let him out of the house he returned to apologise to her because he was ashamed of his actions.
The girl denied her rape allegation was a “sexual fantasy” and that, having made what Mr O’Kelly called “exaggerated claims,” she couldn’t withdraw the claim because her family “was at high-doh”.