A JUDGE has ordered a jury to ignore the length of time it took a 12-year-old rape complainant to report her alleged 20-year-old attacker to the police.
Christopher McMahon appeared at Barrow Crown Court, charged with raping a child under 13 after being arrested in March last year.
The 22-year-old, of Cameron Street, Barrow, is alleged to have raped a schoolgirl he met on Facebook in his attic bedroom as his mother sat downstairs in January 2015.
He denies the charge.
Her Honour Judge Jacqueline Beech directed the jury to disregard the fact the incident was reported to authorities seven weeks after it was alleged to have happened.
She said: "Different people react to different situations in different ways.
"Some may tell another person and others may not be able to do so without the feeling of shame or shock or for fear of getting in trouble or for not being believed."
The directions came after five days of evidence concluded.
Judge Beech also stated that jurors must not judge the complainant by the same standards they would an adult saying: "Children do not act the same, do not have the same reactions, maturity or morals."
McMahon, who pleads not guilty, agreed with the prosecution that it was "odd" for him to strike up a relationship with the schoolgirl but denies calling her "cute" and flirting with her.
He told the court he was "desperately alone and needed someone to talk to".
The pair met twice between January 31 and February 3 last year and on both occasions went to McMahon's home to play video games and watch Netflix.
The attack is alleged to have happened during the pair's second meeting after McMahon invited her over for "Netflix and chill", claiming he was unaware of the sexual connotations associated with the phrase.
Police became involved after the complainant reported the incident to staff at her local youth club, fearing she was pregnant.
The court will reconvene on Monday September 12.
More like this: Court hears claims 12-year-old was raped by a man she met on Facebook
Related article: Barrow mum-of-two avoids jail by "a whisker" after glassing ex in head
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules here