A barrister has called a decision not to jail a man for raping a 13 year-old girl “extraordinary.”
Sean Hogg, now 21, was 17 when he attacked the girl at Dalkeith Country Park, Midlothian, on several occasions in 2018.
According to the BBC:
Judge Lord Lake said that if the offence had been committed by an adult over 25, Hogg would have received a jail sentence of four or five years.
Tommy Ross KC said the 270-hour community sentence was “very unusual”.
Hogg’s punishment has also been condemned by Rape Crisis Scotland.
New guidelines for sentencing under 25s were introduced in Scotland in January 2022.
They made rehabilitation rather than punishment a primary consideration, recommending an “individualistic approach” taking into account their life experiences
Mr Ross, who has worked on major cases including the murder of Margert Fleming, told BBC Radio’s Good Morning Scotland programme he had never known a case like it.
The KC said: “It is an extraordinary sentence.
“I have been working in the high court for around 20 years and I have never seen anybody avoid prison for rape until yesterday.”
Court papers stated Hogg, of Hamilton, South Lanarkshire, threatened the girl, seized her by the wrists and forced her to carry out a sex act before raping her.
He was found guilty by a jury and appeared in the dock for sentencing in tears at the High Court in Glasgow.
Judge Lake said rape was “one of the most serious crimes” and that in this case, the victim’s age and vulnerabilities were “aggravating factors”.
He told Hogg: “For the level of seriousness, I have to consider your liability and have regard to your age as a factor.
“For this offence, if committed by an adult over 25, you attract a sentence of four or five years.
“I don’t consider that appropriate and don’t intend to send you to prison.
“You are a first offender with no previous history of prison – you are 21 and were 17 at the time.
“Prison does not lead me to believe this will contribute to your rehabilitation.”
As well as 270 hours of community work, Hogg was also put under supervision and on the sex offenders register for three years.
Donald Findlay KC, defending, told the court an appeal was planned.
A spokesperson for the Crown Office said: “As with all cases, the Crown will consider the sentence and give consideration to whether it might be unduly lenient.”
