A MAN who had sex with a 12-year-old girl in some bushes on a grassy hill has walked free from court.

Jason Mundy had been 'going out' with the child after splitting from one of her friends of a similar age, when they got together a court was told.

But after hearing the 20-year-old was immature and only 17 at the time of the offence a judge imposed a suspended prison sentence.

Tessa Hingston, prosecuting, told Swindon Crown Court that the young victim had met up with Mundy in August 2013.

She said she had been 'going out' with him after he had ended a relationship with of one of her friends.

In early August 2013, shortly before the girl's 13th birthday, she met up with Mundy in east Swindon.

Miss Hingston said: "She said her and her friend had broken up. The girl said 'He was talking to me. He was a bit more flirty, a bit more full on.

"'We had not been going out long. We were just walking around Eldene and Liden. He took me to this place by Nythe. There is this hill.

"'Then he started kissing me and touching me. I didn't say anything because I didn't know what to say. That is how we ended up having sex.'"

The girl said that they were kissing and touching each other when he took her trousers off and then his own.

Miss Hingston said the girl described being 'a bit worried about it but didn't really know what to say'.

"The Crown's case is she didn't really say no so there was implicit consent. Mr Mundy may have thought she was consenting," Miss Hingston said.

She said the girl had not reported the matter for a while, though she had mentioned it to friends.

When he was questioned the defendant denied any sort of sexual activity with the child and had been charged with rape.

But after Mundy, of White Horse Road, Cricklade, pleaded guilty to sexual activity with a child prosecutors said they would not seek a trial on the more serious charge.

Alex Daymond, defending, said his client was still a child at the time of the offence and was also still regarded as immature by the author of the pre-sentence report.

He said he had been terrified when he was initially charged with rape and it was now accepted by the prosecution that what took place was consensual.

Initially he believed the girl to be 15 but he accepted now that he became aware of her true age.

"This was not a case, we say, of a much older sophisticated male taking advantage of a young girl," he said.

"This is an immature man acting without thinking of the consequences. He had just left him at the time.

"What might have happened was he was enjoying the attention he was getting from this young lady. Certainly he was rather lonely at the time."

He said Mundy, who pays his own rent in private accommodation, works at a fast food outlet.

Passing sentence Judge Tim Mousley QC said: "The impact upon her of what you did is clear to see when one reads what she said in her statement.

"It is that feature of this case that is uppermost in my mind when I sentence you. She was nearly 13 at the time and you were 17.

"It was a single incident but it included intercourse. I am satisfied that it wasn't planned.

"I do find that there is some degree of a breach of trust. That trust arises from the respective ages of you and her at the time.

"I also take into account the view of the probation officer and others that you are an immature young man."

He imposed a nine month jail term suspended for two years with supervision and 250 hours of unpaid work.

He also imposed a sexual harm prevention order, restricting his liberty, and told him he must register as a sex offender.

An NSPCC spokesman for South West England said today: “The law clearly states that the age of consent in the UK is 16 years old. Laws are there to protect children and should be used where there is abuse or exploitation involved.

“Mundy was aware that his victim was 12 when the offence occurred, but still took advantage of her vulnerability and has since pleaded guilty to sexual activity with a child.

“The impact on his victim should not be overlooked. To speak out about sexual abuse takes a huge amount of courage, and it is vital that all children feel confident enough that they can speak out if they are a victim.

"Any child worried about sexual abuse can call ChildLine on 0800 1111.”