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Rapist gets suspended sentence for having sex with girl aged 12

A rapist has been given a suspended sentence after a judge accepted he believed the 12-year-old victim was 16.

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Ben Luke, 20, told police in interview that he met the girl in a pub, and after she started kissing him and touching him when she went to his house, they had sex.

The girl told two older pals what had happened and eventually her mother, who called the police.

Luke told police: "I didn't force her into anything."

Prosecutor Walter Bealby told Wolverhampton Crown Court: "The defendant pleaded guilty to the first available opportunity to statutory rape.

"The girl was aged 12 and the defendant was 18, two weeks short of his 19th birthday. There has been no co-operation with the police from the girl. She has refused to give an interview, so there is no victim impact statement.

"It was discovered what had happened when she told two of her older friends. They told her mother, who informed police.

"The defendant was interviewed by the police. We have no reason to think he was trying to pull the wool over the officers' eyes during the interview.

"He was interviewed on September 19 last year."

Mr Bealby added: "He told police that she messaged him asking for a fag and he knew that she liked him. He said that she came to get a fag from him and started kissing and touching him.

"They went upstairs to the bedroom, where they had sex. That was at his house.

"He told police that he thought she was 16, but when asked by an officer if he genuinely thought she was that age, he said: 'maybe 15'."

Luke, from Redhouse Lane, Aldridge, admitted to two counts of rape of a child under the age of 13.

Defence barrister Christopher Loach said: "The officer in the case said that the injured party did appear older, and noted that Mr Luke appears very young for his age, not that it makes it acceptable.

"There is a Facebook page for the girl which states her date of birth as 1996, which would make her 20. This is a case that I hope the court can deal with by not delivering a custodial sentence."

Judge John Wait told Luke: "This case is very worrying. It is regarded as rape to due to the need to protect children. It is an obligation to know the age of a girl you want to have sex with.

"You look young for your years and have shown immaturity."

Luke was handed 20 months detention, suspended for two years. He was also ordered to carry out a 30-day rehabilitation requirement, a sex offender treatment programme and will be on the Sex Offenders Register for the next 10 years.

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