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Abuse accused allowed to return | Abuse accused allowed to return |
(30 minutes later) | |
A teenager accused of sexually assaulting his four-year-old neighbour in an Ayrshire village has been allowed to move back to the same street. | A teenager accused of sexually assaulting his four-year-old neighbour in an Ayrshire village has been allowed to move back to the same street. |
The boy had originally been ordered by a court to leave the area and stay with relatives several miles away in Ayr. | The boy had originally been ordered by a court to leave the area and stay with relatives several miles away in Ayr. |
But the case was later referred to the Children's Panel, which does not have powers to impose bail restrictions. | But the case was later referred to the Children's Panel, which does not have powers to impose bail restrictions. |
He has now moved back to his home, which is just a few doors away from the girl he is accused of abusing. | He has now moved back to his home, which is just a few doors away from the girl he is accused of abusing. |
The local MP has now asked the Scottish government to investigate the situation, and change the rules so it cannot happen again. | The local MP has now asked the Scottish government to investigate the situation, and change the rules so it cannot happen again. |
I just feel that the interests of all the young children should be put before the interests of the person who committed the crime Victim's mother | I just feel that the interests of all the young children should be put before the interests of the person who committed the crime Victim's mother |
The boy, who was 14 at the time of the alleged assault, appeared on petition at Kilmarnock Sheriff Court before being released on bail. | The boy, who was 14 at the time of the alleged assault, appeared on petition at Kilmarnock Sheriff Court before being released on bail. |
A bail condition was imposed by the sheriff which prevented the accused from returning to his home. | A bail condition was imposed by the sheriff which prevented the accused from returning to his home. |
But prosecutors later decided the case should be heard not in the court but by the Children's Panel, so the bail condition was lifted, allowing the boy to return to the village where the offence was alleged to have been committed. | But prosecutors later decided the case should be heard not in the court but by the Children's Panel, so the bail condition was lifted, allowing the boy to return to the village where the offence was alleged to have been committed. |
Neither the girl nor the teenage boy can be named for legal reasons. | Neither the girl nor the teenage boy can be named for legal reasons. |
The girl's mother told BBC Scotland: "There are a lot of children about here and I just feel that the interests of all the young children should be put before the interests of the person who committed the crime." | The girl's mother told BBC Scotland: "There are a lot of children about here and I just feel that the interests of all the young children should be put before the interests of the person who committed the crime." |
'Vulnerable people' | 'Vulnerable people' |
Des Browne, the Kilmarnock and Loudon MP, has written to Scottish Justice Secretary Kenny MacAskill urging him to intervene in the case. | Des Browne, the Kilmarnock and Loudon MP, has written to Scottish Justice Secretary Kenny MacAskill urging him to intervene in the case. |
In the letter, Mr Browne wrote: "The child victim now has to live in close proximity with her attacker. | In the letter, Mr Browne wrote: "The child victim now has to live in close proximity with her attacker. |
"She is being re-traumatised by those circumstances and lives in constant fear of further attack and/or intimidation." | "She is being re-traumatised by those circumstances and lives in constant fear of further attack and/or intimidation." |
Mr Browne, a former lawyer, later said: "We cannot have a justice system in Scotland that is supposed to be victim-focused but that leave the most vulnerable people that we have - child victims of sexual assault - on their own with young parents to deal with cases of this complexity." | Mr Browne, a former lawyer, later said: "We cannot have a justice system in Scotland that is supposed to be victim-focused but that leave the most vulnerable people that we have - child victims of sexual assault - on their own with young parents to deal with cases of this complexity." |
A Scottish Government spokeswoman said: "Protecting children from harm is of the utmost importance, and that is why the Scottish government has gone further than ever before in making sure that information about people who pose a risk to their children is available to parents. | |
"Given that this particular case is still a live issue it would be inappropriate to comment on the specifics. | |
"However, we can confirm that a letter has been received from Mr Browne and the issues raised are being looked at in detail. The children's minister will respond to Mr Browne shortly." |