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| Man who raped girl, 13, given community sentence | Man who raped girl, 13, given community sentence |
| (3 days later) | |
| Sean Hogg appeared in the dock in tears at the High Court in Glasgow | Sean Hogg appeared in the dock in tears at the High Court in Glasgow |
| A man who raped a 13-year-old schoolgirl in a park when he was 17 has avoided a prison sentence. | A man who raped a 13-year-old schoolgirl in a park when he was 17 has avoided a prison sentence. |
| Sean Hogg, 21, attacked the girl in Dalkeith Country Park, Midlothian, on various occasions between March and June 2018. | Sean Hogg, 21, attacked the girl in Dalkeith Country Park, Midlothian, on various occasions between March and June 2018. |
| Judge Lord Lake said that if the rape had been committed by an adult over 25, Hogg would have received a jail sentence of four or five years. | Judge Lord Lake said that if the rape had been committed by an adult over 25, Hogg would have received a jail sentence of four or five years. |
| Instead he was ordered to do 270 hours of unpaid work. | Instead he was ordered to do 270 hours of unpaid work. |
| 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. | 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. | He was found guilty by a jury and appeared in the dock for sentencing in tears at the High Court in Glasgow. |
| New sentencing guidelines for under 25s come into force | New sentencing guidelines for under 25s come into force |
| Read more stories from Edinburgh & East Scotland | Read more stories from Edinburgh & East Scotland |
| New guidelines for sentencing under 25s were introduced in Scotland in January 2022. | 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 | They made rehabilitation rather than punishment a primary consideration, recommending an "individualistic approach" taking into account their life experiences |
| 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". | 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". |
| "For the level of seriousness, I have to consider your culpability and have regard to your age as a factor," he told Hogg. | |
| "For this offence, if committed by an adult over 25, you attract a sentence of four or five years. | "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. | "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. | "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." | "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. | 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. | 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." | 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." |
| Related Topics | Related Topics |
| Hamilton | Hamilton |
| Dalkeith | Dalkeith |