Scottish Court Allows 21-Year-Old Man Who Raped 13-Year-Old Girl To Walk Free Because They Say He’s Too Young To Be Jailed

The following report is by the Daily Mail:

A judge has sparked outrage after allowing a man who raped a 13-year-old girl to walk free from court because he is deemed too young to be jailed.

Sean Hogg, 21, was found guilty of raping the vulnerable teenager at Dalkeith Country Park in Midlothian, Scotland.

But judge Lord Lake said the age of the rapist, who was 17 at the time of the attack, had to be taken into account when passing sentence. It means Hogg, of Hamilton, Lanarkshire, will only have to carry out 270 hours of unpaid work.

Prosecutors were yesterday weighing up whether to challenge the sentence for being ‘unduly lenient’.

Under new court guidance, criminals under the age of 25 are treated more leniently because of their alleged brain immaturity.

The guidelines were drawn up by the controversial Scottish Sentencing Council (SCC), which was set up by the SNP Government in 2015  – a year after Nicola Sturgeon became first minister – and led by Lady Dorrian, the Lord Justice Clerk.

The sentencing young people guideline developed by the SCC came into effect in all courts in Scotland in January last year, with the aim of reducing reoffending among young people and thereby helping to increase public safety.

Opposition leaders described Hogg’s sentence as ‘an insult’ to the teenage victim.

Sandy Brindley, chief executive of Rape Crisis Scotland, said:

This is an extremely serious case and we are shocked this perpetrator has not received a custodial sentence. 

Given the gravity of this crime and the fact it was tried at the High Court, this sentence appears to us to be worryingly lenient.

Our thoughts are with the survivor of this crime. For survivors of any sexual violence, it can be very difficult to see reports of convicted perpetrators walking free from court.

Court papers state that Hogg attacked the girl on various occasions between March and June 2018. They also say he assaulted the teenager by threatening her and pulling down her clothing.

He then seized her by the wrists and forced her to commit a sex act before going on to rape the youngster.

As well as being ordered to carry out unpaid work, Hogg was put under supervision and placed on the sex offenders’ register for three years.

At Hogg’s sentencing at the High Court in Glasgow yesterday, Lord Lake said that he had considered guidelines on offenders under the age of 25.

He also concluded that prison would not contribute to the thug’s rehabilitation and took into account the fact he was a first-time offender.

Lord Lake said:

Rape is one of the most serious crimes and that is why it is tried at the High Court.

Looking at the circumstances, her age and vulnerabilities are aggravating factors. For the level of seriousness, I have to consider your liability and have regard to your age as a factor. 

This offence, if committed by an adult over 25, would 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.

But last night Scottish Conservative justice spokesman Jamie Greene said the sentence places the wellbeing of Hogg above that of the schoolgirl he attacked.

He added:

The lack of a prison sentence is a total insult to the young teenage victim in this case.

It once again reaffirms how misguided the SNP’s sentencing guidelines are in reality and how judges’ hands are tied as a result.

While this dangerous sex offender committed the offence when he was 17, the policies agreed to by SNP ministers mean that under-25-year-olds are now routinely wrapped in cotton wool.

The needs of a criminal have shamefully been put above those of a victim in the SNP’s justice system.

This young girl will be scarred for life by this horrendous attack. Her and her family now have to suffer the indignity of this criminal only being handed down a community payback order, many of which are often written off by this SNP Government.

It is time victims are always put first, which is why I have brought forward my victims law to the Scottish parliament to ensure that is always the case.

Yesterday, a spokesman for Scotland’s public prosecution service said:

As with all cases, the Crown will consider the sentence and give consideration to whether it might be unduly lenient.

A Scottish Government spokesman said:

Decisions on sentencing in individual cases are taken by the independent court within the legal framework where they consider all the facts and circumstances, and the Scottish Government does not comment on nor intervene in individual cases.

Sentencing guidelines are the responsibility of the independent Sentencing Council, the establishment of which was backed by all parties in parliament.

Lawyer Donald Findlay KC, defending, told the sentencing hearing that an appeal against Hogg’s conviction is being planned.

• Rape Crisis Scotland’s helpline is open every night from 5pm to midnight. Telephone: 08088 010302.
• Rape Crisis England & Wales is open 24 hours a day, every day of the year. Call free on 0808 500 2222. 

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AUTHOR COMMENTARY

[1] Run ye to and fro through the streets of Jerusalem, and see now, and know, and seek in the broad places thereof, if ye can find a man, if there be any that executeth judgment, that seeketh the truth; and I will pardon it. [2] And though they say, The LORD liveth; surely they swear falsely. [3] O LORD, are not thine eyes upon the truth? thou hast stricken them, but they have not grieved; thou hast consumed them, but they have refused to receive correction: they have made their faces harder than a rock; they have refused to return. [4] Therefore I said, Surely these are poor; they are foolish: for they know not the way of the LORD, nor the judgment of their God.

Jeremiah 5:1-4

That’s a good question you’ve posed in verse 1, my Lord and my God: I’m not so sure I can fulfil your challenge…

No law, no order, no justice, no judgment. The West has fallen down to the uttermost. Anything you can think of now is affirmed and accepted in some fashion. And yet we still deluded, wretched, dumb dogs talking of “revival” and making the country great again. Absolute stupidity of people that do not fear God or his word.

SEE: New Show In UK Called “Naked Education” Shows Grown Adults Stripping Naked In Front Of Children To Normalize Nudity And Pedophilia

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[7] Who goeth a warfare any time at his own charges? who planteth a vineyard, and eateth not of the fruit thereof? or who feedeth a flock, and eateth not of the milk of the flock? [8] Say I these things as a man? or saith not the law the same also? [9] For it is written in the law of Moses, Thou shalt not muzzle the mouth of the ox that treadeth out the corn. Doth God take care for oxen? [10] Or saith he it altogether for our sakes? For our sakes, no doubt, this is written: that he that ploweth should plow in hope; and that he that thresheth in hope should be partaker of his hope. (1 Corinthians 9:7-10).

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