A YOUNG father who “raped” a 12-year-old girl at a Boxing Night party has been jailed for 27 months.

Derek Roy Smith, then 22, allowed the Oswaldtwistle schoolgirl victim to perform a sex act on him in his car, Manchester Crown Court was told.

Smith, formerly of Oswaldtwistle but now living in St Johns Street, Darwen, admitted a charge of rape brought for instigating the sex act and sexually assaulting the girl, who cannot be named for legal reasons.

The court heard that Smith and the girl were both guests at a party in Oswaldtwistle and Smith had earlier been told that the girl was aged 12.

Prosecuter Lisa Roberts said as the party progressed Smith upset some of his fellow guests by his drunken behaviour, though he was said to be grieving for the death of his young son who had passed away the previous September.

Later he went out to his car to "sort his head out" and the girl was said to have gone out to see him on a number of occasions to console him. The girl's uncle was later drawn to Smith's car after noticing its steamed up windows which was when he decided to use his mobile phone to confirm his worst suspicions.

The court heard that Smith's car was badly damaged by fellow party guests while the girl was dragged away from the scene. Defence lawyers said Smith pleaded guilty on the basis that whatever he had been told earlier, he believed that the girl was 16 when the sexual activity took place. He also claimed the sexual activity was also consensual.

Claire Emsley-Smith, defending, said her client was not said to be a predatory sexual offender or to have paedophile tendencies.

Judge Simon Gibson, also ordered Smith to sigh the sex offenders register for ten years and disqualified him from working with children.

Speaking after the case, DS Mark Cruise, said: "The effects of this incident on the victim will far outlive any sentence that is imposed on Smith."