Teenager, 18, raped a 12-year-old schoolgirl after messaging her on social media is spared jail

A teenager who raped a 12-year-old schoolgirl after she messaged her on social media has escaped prison.

Marijuana smoker Joseph Flynn, from Newton-le-Willows in Merseyside, was 16 when he contacted the girl, sent her a picture of his penis and lured her to his home.

Flynn, now 18, was spared jail despite the court being told he was at high risk of recidivism – after his lawyer said the teen had “no understanding of consent.”

The teenager, who was also found with indecent images of children, including one depicting bestiality, was sentenced on Wednesday to a 12-month referral order at Liverpool Youth Court.

Cheryl Mottram, prosecutor, told the court that the girl was struggling with her mental health at the time and afterwards felt she had done something wrong by “getting him into trouble.”

She also said she was very clear in her report that Flynn did not force her to have sex at any point, and she then said yes to him.

Flynn first spoke to the schoolgirl via social media in early 2021. They talked, video called and sent sexual messages.

The victim said, “I was flattered that he wanted to talk to me. I thought I was going to a friend’s house. I didn’t realize how dangerous it could have been.’

She then said she “felt I should protect him because I thought he was my friend,” but has since realized “what he did to me was wrong.”

Her mother said her daughter was “looking for a connection” after being bullied at school.

When Flynn asked if the girl wanted to have sex with him, she replied “yes and no” because of her age.

Flynn said she was “fit” and sent her a picture of his penis.

He was questioned in early 2021 and did not answer any questions asked of him and was released on bail.

In November 2021, police raided his home and found a cache of indecent images and videos of children, including one involving bestiality.

Flynn accepted that the images belonged to him and were sent to him after he joined a group on Snapchat. He said he thought he had removed them.

Flynn pleaded guilty to one count of raping a girl under 13, three counts of making indecent images of children, one count of possession of indecent images of children, and one count of possession of an extremely pornographic image depicting bestiality.

The schoolgirl said she sent Flynn photos of herself, which were found on his phone, at his request.

The teenager, who was also found with indecent pictures of children, including one showing bestiality, was sentenced to a 12-month referral order at Liverpool Youth Court on Wednesday (pictured)

Frank Dylan, softening, said his client had no understanding of sex and consent and needed to be educated.

Although Flynn was assessed as being at high risk of recidivism, Mr Dylan said this could be changed with help from the Juvenile Offenders Service.

He said Flynn was extremely isolated after being caught and that marijuana use had exacerbated the mental health problems associated with loneliness.

Mr Dylan said: ‘We accept that there is an element of denial but a strong motivation to participate in youth service.

“He expresses concern and empathy and acknowledges wrongdoing and remorse for the plaintiff’s ordeal.”

He added that his client also accepted that as an older person he should have stopped any sexual activity.

As for the indecent footage, Mr. Dylan said Flynn initially viewed them out of curiosity, but accepts that he did get some sexual satisfaction from them.

District Judge Clark said, “I think you were a 16-year-old boy who was sexually active and you set the tone.

“You’re more responsible than you think to the juvenile delinquent team. This is an example of how you take advantage of the situation.

“There was a sexual motive and you took advantage of her because you were more experienced and more sophisticated.

“You set the tone, you talked about sexual activity, you sent sexual images and you received sexual images and you already had images of a sexual nature on your phone.”

Flynn was sentenced to a 12-month referral order with the youth team and will be subject to a sexual harm prevention order restricting his access to the internet for five years. He will be subject to the reporting obligation.