An 18-year old man received a conditional discharge after admitting a 13-year old girl gave him oral sex.

The man, who was 17 at the time of the incident, pleaded guilty to the charge of touching a young person with sexual purpose between February 4 and February 8, 2002.

Crown counsel Oonagh Vaucrosson told Acting Magistrate Will Francis on Friday that the victim was walking from a bus stop along a Tribe Road one afternoon during that time when she was approached by three youths. They demanded the girl perform fellatio on them, and threatened to slap her when she refused.

Afraid, the young girl followed the boys to a nearby beach where the defendant made her perform the act.

After a minute the girl pulled away and refused to perform any more, in spite of the defendant arguing with her and threatening her. Finally he pulled up his pants and rejoined the other three.

The boys told the girl to wait there until they had left, and ordered her never to tell anyone what happened. However as time passed, rumours and stories of the incident reached the girl's legal guardian. When the guardian confronted the victim she told what happened, and on May 22, 2002 the guardian made a formal complaint to the Police.

On June 3 the defendant was arrested. Although he at first denied the allegations, he later admitted them, adding however that the girl had in fact offered to perform fellatio and had not been threatened.

"At the time he was a youngster, part of a group," the man's lawyer Larry Mussenden told Mr. Francis. The other two boys who took part in the offence, he said, were slightly younger than the defendant, and were therefore not dealt with in Magistrates' Court but in Family Court. They received conditional discharges without even being required to undergo a Social Inquiry Report.

"He apologies to the community and to the family," said Mr. Mussenden. "He recognises he was caught up in circumstances and could have made a better decision."

Saying again that the girl was never threatened or forced, Mr. Mussenden said the total time for the act to take place between the man and the victim was less than a minute before "they came to their senses".

"He doesn't come across as a thug or a rogue. He is a shy, retiring youngster."

With the other, younger defendants being given a conditional discharge in the matter, Mr. Mussenden felt the same punishment was appropriate for the older man.

"Everyone wants this matter put behind them," said Ms Vaucrosson. "I appreciate that although he made it into this court he is still very young ... Had it been someone older he would have had a different course.

"The victim has had some trials - she is getting counselling and is trying to move on. We appreciate that he has not made her appear in court and recount what has happened."

"I hope you've learned this is a serious matter," Mr. Francis told the man. "The consequences can be very serious, including prison."

Mr. Francis said he felt it was "right and proper" to treat the older offender in the same manner as the two youths who appeared in juveile court.

The man was given a conditional discharge for 12 months.