May 2019

Man who had sex with a 13-year-old schoolgirl smirked after being allowed to walk free from court

A man who had sex with a 13-year-old schoolgirl smirked after being allowed to walk free from court over the ‘very serious’ crime.

Nathan McMahon, 19, let out a sigh of relief and grinned as he left the dock on being given a community payback order and a year’s supervision.

McMahon, of Larkfield, had sex with the girl within the grounds of Ravenscraig Stadium on June 4 last year — when he was 18.

He had known her for around nine months prior to committing the offence.

McMahon’s lawyer, Ellen Macdonald, told a sentencing hearing at Greenock Sheriff Court: “The girl was by far the more sexually experienced of the two.

“In her interview with the police she openly admitted that she had been sexually active previously.

“The sex was with her consent and the complaint to the police was at the instance of her mother and not the girl herself.”

The court was told that McMahon and one of his pals were with the girl and another young female when they split up into pairs and he started kissing her.

Ms Macdonald said: “Matters moved on from there.

“Mr McMahon deeply regrets what happened and fully accepts responsibility for what happened.

“It is fair to say that he has been worried about these proceedings.

“This has been life-changing for him.”

Ms Macdonald added: “He is a first offender and this has been a lesson hard learned.”

Prosecutor Emma Jeffrey told a previous calling of the case: “She [the child] confirmed to the police that she had been sexually active prior to the incident and that this was the first time she’d had sex with the accused.

“She said that it was consensual and she didn’t want to get anybody into trouble.”

Sheriff Derek Hamilton told McMahon that he had considered what had been said on his behalf, the entire circumstances of the case and his lack of a criminal record in reaching a decision not to jail him.

The sheriff said: “Clearly this is a significant offence and a very serious offence.

“I am satisfied that I can deal with this by way of a non-custodial option.

“That will come at some cost, however.”

McMahon, of Cumberland Road, has been ordered to complete 225 hours of unpaid work and been placed under supervision for 12 months as a direct alternative to custody.

He will also be on the Sex Offenders Register for a year and be reported to Scottish ministers to ensure that he can’t work with children or vulnerable adults.