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| Version 2 | Version 3 |
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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 raping 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 the first offender 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." |
| Student Cieslak, who was 19 at the time of the offence, had earlier pleaded guilty to the rape charge. | Student Cieslak, who was 19 at the time of the offence, had earlier pleaded guilty to the rape charge. |
| Taxi queue | 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. | 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. |
| In the early hours of the following morning, police searching for another girl who was missing spoke to the 12-year-old in Princes Street. | |
| Prosecutor Kath Harper said officers had not noted her details "as they were not concerned by her age". | Prosecutor Kath Harper said officers had not noted her details "as they were not concerned by her age". |
| At about 04:00, the girl and her friend met Cieslak and one of his friends in a taxi queue. | At about 04:00, the girl and her friend met Cieslak and one of his friends 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. | The victim said she was 16 and her friend was 17. The taxi driver later said he thought the girl was 20. |
| Analysis by BBC Scotland's home affairs correspondent Reevel Alderson | Analysis by BBC Scotland's home affairs correspondent Reevel Alderson |
| This is a highly unusual case, and the judge has pointed out a number of "exceptional circumstances" in it, as she sought to explain why she passed the most lenient sentence allowed in law. | This is a highly unusual case, and the judge has pointed out a number of "exceptional circumstances" in it, as she sought to explain why she passed the most lenient sentence allowed in law. |
| At its heart is the fact that the girl in question looked over 16 - even the judge accepts that, having viewed CCTV footage. | At its heart is the fact that the girl in question looked over 16 - even the judge accepts that, having viewed CCTV footage. |
| Police officers looking at night for under-age children in the streets of Edinburgh had no concerns about her age. Also, the girl engaged in sex willingly. | Police officers looking at night for under-age children in the streets of Edinburgh had no concerns about her age. Also, the girl engaged in sex willingly. |
| So why was Daniel Cieslak prosecuted? | So why was Daniel Cieslak prosecuted? |
| Rape laws, which were strengthened in 2009, do not allow any child under the age of 13 to give informed consent about sexual intercourse. | Rape laws, which were strengthened in 2009, do not allow any child under the age of 13 to give informed consent about sexual intercourse. |
| So if it happens, in the eyes of the law, it is rape; there is no defence of consent. | So if it happens, in the eyes of the law, it is rape; there is no defence of consent. |
| Under the strict definition of the Act, prosecutors were bound to charge Mr Cieslak who, in any case, admitted the offence. | Under the strict definition of the Act, prosecutors were bound to charge Mr Cieslak who, in any case, admitted the offence. |
| But the judge has exercised her sentencing powers to impose no punishment on him. | But the judge has exercised her sentencing powers to impose no punishment on him. |
| That would appear to be an exceptional decision, although the most recent figures show in 2015-16, nine people convicted of rape or attempted rape were sentenced to community payback orders or probation. | That would appear to be an exceptional decision, although the most recent figures show in 2015-16, nine people convicted of rape or attempted rape were sentenced to community payback orders or probation. |
| 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. | The court heard she left the next morning, and there had been no suggestion of her being distressed. |
| The offence came to light days later after the girl told her sister she was "extremely worried" she could be pregnant. | The offence came to light days later after the girl told her sister she was "extremely worried" she could be pregnant. |
| 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. | 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". | 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. | However, she said the statutory offence had "a very wide scope" and that there were a number of "exceptional circumstances" in the case. |
| 'Relevant facts' | 'Relevant facts' |
| Lady Scott said there had been consent from the victim. | Lady Scott said there had been consent from the victim. |
| She added that if the girl, who was 12 years and seven months old at the time of the offence, had been aged 13 then Cieslak would have had a defence to the rape charge. | She added that if the girl, who was 12 years and seven months old at the time of the offence, had been aged 13 then Cieslak would have had a defence to the rape charge. |
| He could have argued that he had "reasonable grounds" to believe that the victim was above the age of consent. | He could have argued that he had "reasonable grounds" to believe that the victim was above the age of consent. |
| Lady Scott said there there were a number of "relevant facts", which included that all witnesses had thought the victim was older than 16. | Lady Scott said there there were a number of "relevant facts", which included that all witnesses had thought the victim was older than 16. |
| The police officers had no concerns about her age, and having viewed CCTV footage Lady Scott said it would have been "reasonable" to believe the girl was over 16. | The police officers had no concerns about her age, and having viewed CCTV footage Lady Scott said it would have been "reasonable" to believe the girl was over 16. |