Man began relationship with teen through text, court told
A 40-year-old convicted rapist who answered a text message sent accidentally by a 15 year old girl and then started a sexual relationship with her has been jailed for three years by Dublin Circuit Criminal Court.
Alan Kiernan of Larkhill Road, Whitehall, pleaded guilty to unlawful carnal knowledge of the girl on dates between December 1, 2001 and December 31, 2002 and criminal damage to a vehicle on December 1, 2001.
Detective Garda Pat Star told Ms Pauline Walley SC, prosecuting, that the girl was sending a text message to her mother but she sent it to Kiernan by mistake. Kiernan’s phone number differed by one digit from her mother’s.
Det. Garda Star said the girl did not know Kiernan, who was aged 37 at the time, but he replied to her text. The two continued to communicate by text for a number of months. He then arranged to meet with her near her home, in a county outside of Dublin.
Det. Garda Star told Ms Walley that Kiernan was in his car with the girl in a shopping centre near her home when another car pulled up next to them.
Both Kiernan and the girl were undressed at the time and Kiernan did not appreciate the intrusion.
Kiernan got out of his car to argue with the man who left shortly afterwards to go shopping. When the driver returned 10 minutes later his four tyres were slashed and there was a scrape down the side of the car.
Kiernan admitted to damaging the vehicle with a cost to the owner of £230.
Det. Garda Star said the owner of the car subsequently made a complaint to gardai and CCTV footage of the event was circulated to other garda stations. Detective Garda Anthony Ryan of Whitehall Garda Station was able to identify Kiernan.
Gardaí were also concerned about the age of the young girl who was depicted in the CCTV footage.
An investigation was set up which confiscated phone records from Kiernan. They were analysed and the girls phone number appeared on the bill.
Det. Garda Star said the girl was contacted by gardaí and she admitted the relationship with Kiernan.
She told gardaí Kiernan had told her he was 20 years old when they first got in contact, he later told her he was in his mid 20s but she said he never told her he was actually 37 years old.
Det. Garda Star told the court that Kiernan had been sentenced to seven years in prison after he was convicted by a Central Criminal Court jury of rape in 1991. However this conviction was thrown out and Kiernan had a retrial, where he was convicted again and received a five year sentence.
This sentence was appealed and suspended in 1998.
Hugh Hartnett SC (with Mr Sean Gilliane BL) defending, told Judge Yvonne Murphy that Kiernan is a good son and grandson. He takes care of both his mother and grandmother.
Kiernan apologised to his victim through Mr Hartnett.
Judge Murphy said victim statements showed that the young girl had suffered greatly as a result of her relationship with Kiernan. She is withdrawn, is slow to trust people and finds it difficult to concentrate on her education.
Judge Murphy sentenced Kiernan to three years in prison for unlawful carnal knowledge with the girl and sentenced him to 18 months for criminal damage to the car, which she suspended on condition that he fully compensate the owner of the vehicle.
