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No punishment for man who raped girl, 12 No punishment for man who raped girl, 12
(35 minutes later)
A man who admitted rape after having sex with a 12 year-old girl has walked free from court. A man who admitted raping a 12-year-old girl has walked free from court.
Daniel Cieslak, 21, had believed the girl - who he met in a taxi queue in Edinburgh in July 2015 - was 16. He burst into tears when police later revealed her true age.Daniel Cieslak, 21, had believed the girl - who he met in a taxi queue in Edinburgh in July 2015 - was 16. He burst into tears when police later revealed her true age.
The judge, Lady Scott, said she was taking the "wholly exceptional decision" not to sentence Cieslak.The judge, Lady Scott, said she was taking the "wholly exceptional decision" not to sentence Cieslak.
Instead, she gave him an absolute discharge at the High Court in Glasgow. Instead, she gave the first offender an absolute discharge at the High Court in Glasgow.
She said: "I do not consider there is any need for, or public interest in, punishment. To do so would in my view be disproportionate given the nature of the criminal culpability here."She said: "I do not consider there is any need for, or public interest in, punishment. To do so would in my view be disproportionate given the nature of the criminal culpability here."
Cieslak had earlier pleaded guilty to the rape charge. Cieslak, who was 19 at the time of the offence, had earlier pleaded guilty to the rape charge.
Taxi queue
The court heard that the girl had travelled to Edinburgh on a Friday in July with her 13-year-old friend, where they met more friends and bought vodka.
At about 04:00, the girl and her friend met Cieslak in a taxi queue.
The victim said she was 16 and her friend was 17. The taxi driver later said he thought the girl was 20.
Mr Cieslak then invited them to a party at his friend's house, where he had sex with the 12-year-old.
The court heard she left the next morning, and there had been no suggestion of her being distressed.
Lady Scott told Cieslak that the case was one of "strict liability" as anyone under the age of 13 was deemed to be incapable of giving consent.
This was to both protect young girls from "predatory adult males" and to "protect them from themselves".
However, she said the statutory offence had "a very wide scope" and that there were a number of "exceptional circumstances" in the case.