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| Version 1 | Version 2 |
|---|---|
| Community sentence for teenage rapist 'extraordinary' | Community sentence for teenage rapist 'extraordinary' |
| (about 1 hour 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 community sentence handed down to a man who raped a 13-year-old schoolgirl when he was 17 has been described as "extraordinary" by a leading KC. | A community sentence handed down to a man who raped a 13-year-old schoolgirl when he was 17 has been described as "extraordinary" by a leading KC. |
| Sean Hogg, now 21, attacked the girl in Dalkeith Country Park, Midlothian, on various occasions in 2018. | Sean Hogg, now 21, attacked the girl in Dalkeith Country Park, Midlothian, on various occasions in 2018. |
| 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. | 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". | Tommy Ross KC said the 270-hour community sentence was "very unusual". |
| Man who raped girl, 13, given community sentence | Man who raped girl, 13, given community sentence |
| New sentencing guidelines for under 25s come into force | New sentencing guidelines for under 25s come into force |
| Hogg's punishment has also been condemned by Rape Crisis Scotland, who said it was "inexplicable". | |
| 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 |
| Tommy Ross KC is one of Scotland's leading defence advocates | Tommy Ross KC is one of Scotland's leading defence advocates |
| Mr Ross, who has worked on major cases including the murder of Margaret Fleming, told BBC Radio's Good Morning Scotland programme he had never known a case like it. | Mr Ross, who has worked on major cases including the murder of Margaret 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. | 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." | "I have been working in the high court for around 20 years and I have never seen anybody avoid prison for rape until yesterday." |
| Sandy Brindley, chief executive of Rape Crisis Scotland, expressed concern about the message such a case sent out. | |
| Speaking on BBC Radio Scotland's Drivetime she also criticised the fact it took four years to come to court. | |
| Ms Brindley said: "Of course the role of the justice system should be about rehabilitation, but there also needs to be a sense of it giving some sense of justice for victims of crime. | |
| "I just don't see how this sentence can do that." | |
| On the prospect of the sentence being overturned, she told the programme: "It is hard to imagine a case more deserving of that judgement of unduly lenient than the rape of a 13-year-old girl." | |
| Hogg was sentenced to unpaid community work at the High Court in Glasgow | |
| 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. |
| 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". |
| He told Hogg: "For the level of seriousness, I have to consider your liability and have regard to your age as a factor. | 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. | "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 |