Leamington man had served time for rape allegation which lead to admission of sex with 15-year-old girl

The offender was given a restraining order
The offender was given a restraining order

After being cleared of raping her, a Leamington man has been jailed for having consensual sex with a 15-year-old girl.

But because of the time Januario da Costa Gusmao had already spent in prison on remand over the rape allegation, he was told the 15-month sentence would lead to his immediate release.

Gusmao, 30, of Shrubland Street, Leamington, had pleaded not guilty at Warwick Crown Court to three charges of raping the girl in the summer of last year.

He also denied arranging or facilitating her travel for sexual exploitation, common assault, making threats to kill her and intimidating her, knowing she was assisting the police in an investigation.

But at a further hearing last month Gusmao pleaded guilty to sexual activity with the girl by having intercourse with her.

He also admitted engaging in sexual communication with her for sexual gratification, and a similar charge in relation to another 15-year-old.

On that occasion the case was adjourned for him to be dealt with by the judge who had been due to hear his trial – and at the resumed hearing he was jailed for 15 months, which he had effectively already served.

Prosecutor Georgina Gibbs, who had offered no evidence against a number of other men originally alleged to have been involved in offences against the girl, conceded: “It is a very different case now than when it started out.

“He had consensual intercourse with the 15-year-old complainant in the early hours of the morning in July 2017.”

She said the fact they had had sex was not revealed to the police when the girl was originally interviewed about allegations she had made against Gusmao and the other men.

It was actually disclosed by Gusmao, who insisted it had been consensual, when he was questioned – and it was only in a fourth interview that the girl alleged she had not consented.

And Miss Gibbs pointed out: “Messages that go between them suggest it was a consensual sexual act.”

Ann Cotcher QC said that in Gusmao’s home country the age of consent was 14, and she pointed out that he had been in custody since his arrest, with the serious allegation of rape hanging over him until last month.

Sentencing Gusmao, Judge Sylvia de Bertodano told him: “The case is very different to when I last saw you.

“The age of consent in this country is 16. You should have been more careful. “But I bear in mind that these last few months have been nothing short of a nightmare for you.”