Anger as man, 21, who raped 13-year-old in park walks free because he is ‘too young’ to be sent to prison

A judge has sparked outrage after he let an idiot who raped a 13-year-old girl go free because he is too young to be in prison.

Sean Hogg, 21, was found guilty of punging the vulnerable teenager at Dalkeith Country Park in Midlothian, Scotland.

But Judge Lord Lake said the age of the rapist, who was 17 at the time of the attack, should be taken into account when passing sentence. It means Hogg, from Hamilton, Lanarkshire, has only 270 hours of unpaid work to do.

Prosecutors weighed yesterday whether they would challenge the sentence if it is deemed “unnecessarily lenient.”

Opposition leaders described it as “an insult” to the teenage victim.

But Judge Lord Lake said the age of the rapist, who was 17 at the time of the attack, should be taken into account when passing sentence. It means Hogg, from Hamilton, Lanarkshire, will only have to do 270 hours of unpaid work (photo: High Court, Glasgow)

Sandy Brindley, CEO of Rape Crisis Scotland, said: ‘This is an extremely serious matter and we are shocked that this perpetrator has not been given a custodial sentence.

“Given the seriousness of this crime and the fact that it was tried by the Supreme Court, this sentence seems alarmingly lenient to us.

Our thoughts are with the survivor of this crime. It can be very difficult for survivors of sexual assault to see reports of convicted offenders going unpunished.”

Court documents state that Hogg assaulted the school-aged girl several times between March and June 2018. They also say he committed an assault by threatening the teen and pulling down her clothes.

He then grabbed her by the wrists and forced her into a sexual act before raping the youngster.

In addition to being ordered to perform unpaid work, Hogg was placed under surveillance and placed on the sex offender registry for three years.

Under new court guidelines, criminals under the age of 25 are treated more leniently because of their perceived brain immaturity.

The guidelines were drawn up by the controversial Scottish Sentencing Council, which was set up by the SNP Scottish Government and headed by Lady Dorrian, the Lord Justice Clerk.

At Hogg’s sentencing yesterday at the High Court in Glasgow, Lord Lake said he had considered guidelines for offenders under the age of 25.

He also concluded that prison would not contribute to the criminal’s rehabilitation and took into account the fact that he was a first offender.

Lord Lake said: ‘Rape is one of the most serious crimes and that is why it is tried by the Supreme Court.

“Looking at the circumstances, her age and vulnerabilities are aggravating factors. For the degree of severity, I have to consider your liability and consider your age as a factor.

“This offense, if committed by an adult over the age of 25, carries a sentence of four or five years.

“I don’t think that’s appropriate and I don’t intend to send you to prison.

“You are a first offender with no prison history; you’re 21 and you were 17 at the time. The prison makes me not believe this will help your rehabilitation.”

But last night, Scottish Conservative Justice spokesman Jamie Greene said the verdict puts Hogg’s welfare above that of the schoolgirl he assaulted.

He added: “The lack of a prison sentence in this case is a total insult to the young teenage victim.

“It confirms once again how misleading the SNP’s sentencing guidelines really are and how judges are bound by them.

While this dangerous sex offender committed the crime when he was 17, the policy agreed upon by SNP ministers means that those under 25 are now routinely wrapped in cotton wool.

“The needs of a criminal have been shamefully placed above those of a victim in the SNP justice system.

“This young girl will be scarred for life by this horrific attack. She and her family must now endure the humiliation of this criminal who only gets a repayment order from the community, many of which are often written off by this SNP government.

“It’s about time victims always came first, which is why I’ve taken my Victims Bill to the Scottish Parliament to make sure that’s always the case.”

Yesterday, a spokesman for the Crown Office and the Procurator Fiscal Service said: “As in all cases, the Crown will consider the sentence and consider whether it may be overly lenient.”

A spokesman for the Scottish Government said: “Decisions on sentencing in individual cases are made by the independent court within the legal framework, taking into account all the facts and circumstances, and the Scottish Government does not comment on or intervene in individual fallen.

“Guidelines for sentencing are the responsibility of the independent sentencing council, the establishment of which was supported by all parties in parliament.”

Defense attorney Donald Findlay, KC, told the sentencing hearing that an appeal against Hogg’s conviction is being planned.

• The Rape Crisis Scotland helpline is open every evening from 5pm to midnight. Phone: 08088 010302.
• Rape Crisis England & Wales is open 24 hours a day, every day of the year. Call 0808 500 2222 free of charge.