A man claimed that he thought a schoolgirl he met on Southend seafront was about 17 or 18.

She was, in fact, 15 and happy to date 32-year-old Wilhelme Wibbeke, Basildon Crown Court was told.

Wibbeke pleaded guilty to rape and was jailed for two-and-a-half years.

Prosecutor Laureen Fleischmann told the court that Wibbeke gave the girl a lift home from Southend and agreed to meet her again.

They exchanged text messages and she agreed to watch DVDs and have a few drinks at his flat in The Woodlands, Shoebury, said Miss Fleischmann.

The pair began kissing and cuddling which led to heavy petting. The girl was partly dressed when they were interrupted by Wibbeke's pals on two occasions.

Miss Fleischmann said when the couple were alone again he got on top of the girl who protested: "What do you think you are doing?"

The victim, who cannot be named, alleged that the defendant then had sex against her will. She had not agreed to it, although in a statement she admitted partly blaming herself.

Wibbeke's barrister, Christopher Paxton, said there was consensual kissing and physical touching at the flat.

He added: "She said she did not put up any resistance to touching her breast but he simply went too far."

Mr Paxton pointed out there was never any suggestion of violence or threats towards the victim.

He said that Wibbeke, who has a heart condition, even paid for a taxi so that she could return home safely.

It later emerged that the girl returned to Southend seafront, claimed Mr Paxton.

Judge Frank Lockhart said there was no doubt in his mind that the girl presented herself as a mature person for her years.

He pointed out that Wibbeke should have taken the opportunity to stop when his friends called at the flat.

The judge gave him credit for pleading guilty which spared the girl the ordeal of attending court.

Wibbeke will have his name put on the national sex offenders' register for an indefinite period.

Published Thursday, July 31, 2003

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