July 2012
Drug dealer had sex with vulnerable 15-year-old he picked up on street
A drug dealer who had sex with a child after being freed on bail has been jailed after a sheriff slammed him for blaming his victim.
Father-of-two Kevin O’Malley, 28, claimed he had been lured into having sex with the vulnerable 15-year-old girl because she had acted “provocatively” towards him.
O’Malley, who was freed on High Court bail after he admitted drug dealing, picked the distressed girl up late at night as she wandered the streets after falling out with her friend.
He then took her to a secluded car park and he and a 14-year-old boy he was in the car with then proceeded to get into the back to have sex with the girl.
Sheriff Ian Anderson told O’Malley: “You have pled guilty to two serious offences. I have heard what has been said on your behalf, but in my view you have no mitigating circumstances in this case at all.
“On the contrary, these are factors which make your defence worse. You were significantly older than your victim, you knew she was under age and in a highly vulnerable state. You exploited that vulnerability in a depraved and corrupting manner.
“Even now it seems to me you don’t understand how bad your behaviour was and you persist in laying responsibility on your victim. You were on bail at the time of the offence and in my view a significant custodial sentence is called for.”
O’Malley was also placed on the sex offenders register for ten years and jailed for two years and four months.
Perth Sheriff Court heard how O’Malley left his girlfriend at home and picked up the girl in his car while she was walking the streets at night after storming out of her friend’s home following a row.
O’Malley, Potterhill Gardens, Perth, admitted having unlawful sex with the 15-year-old girl in a car at Necessity Brae, Perth, on 23 October, 2010.
He was on High Court bail at the time and was subsequently convicted of dealing cannabis. He also admitted indecently assaulting the girl by carrying out sex acts on her and making her perform sex acts on a 14-year-old boy at the same time.
Solicitor David Holmes, defending, said: “Although she was under age and barely 15 at the time it is the position of the accused that the incident started because of the actions of the complainer. The reason it took place was that the complainer initiated the sexual event in a very flagrant manner. “
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