A JUDGE ruled out a prison sentence for a man who had unlawful sex with a girl under 16 because she had consented to it.

Christopher Kerrell, aged 20, had sex with the 14-year-old girl - who cannot be named for legal reasons - on two occasions, Worcester magistrates heard yesterday.

But in an interview with police, the girl had admitted they had already had sex before the two incidents in question. It had been the girl's mother who had reported it to police.

Paul Whitfield, prosecuting, said the girl had met Mr Kerrell on Monday, May 26, at the YMCA, in Henwick Road, Worcester, where Mr Kerrell had been living at the time.

"They met through the complainant's ex-boyfriend, who she had dumped," said Mr Whitfield.

They had stayed the night in a Worcester hotel, on Thursday, June 12, and at a B&B, in Barbourne, on Friday, June 13.

"She was not forced to have sex, but she was worried and upset," said Mr Whitfield.

He added Mr Kerrell had made a "full admission at the first opportunity".

Susie Duncan, defending, said it had been the complainant who had booked the hotel, although Mr Kerrell had paid for it, and the complainant herself had paid for the B&B.

Unemployed

"She also told him she was 15, nearly 16, and only afterwards told him she was 14, soon to be 15," said Ms Duncan.

She said Mr Kerrell, who is single, had recently moved from the YMCA to stay with friends.

The court was told that he was unemployed and drawing the JobSeeker's allowance.

Deputy district judge Roger Lowe said he had ruled out a custodial sentence because the complainant had consented to having sex and had also had sex with the defendant previously, and because the defendant had pleaded guilty to the offence at the earliest opportunity.

He said he would be recommending a community-based penalty.

He adjourned the case to Friday, October 10, for sentencing, and asked for a pre-sentence report.

Kerrell was granted bail on condition he did not contact the complainant and that he kept an appointment with the probation service, on Monday, September 29.