Row as Teenage Rapist is Freed (The Scotsman)
By Paul Gallagher
Originally published in The Scotsman, December 22, 2001
Women's groups reacted with anger last night when a rapist aged 15 walked free from court after a judge heard his eight-year-old victim had been "leading him on".
Campaigners against sexual violence said it was unacceptable to suggest a girl of that age could be to blame for being sexually assaulted.
The teenager, who cannot be named for legal reasons, pleaded guilty to rape at the High Court in Edinburgh, but a report quoted by his lawyer claimed the girl may have initiated the encounter and that the case was one of "youngsters experimenting".
Lord MacLean sentenced the teenager to two years' probation and ordered him to attend sex education lessons, saying: "On any view your behaviour was quite extraordinary. You knew it was wrong, even if, as it's said, the girl showed some interest in sexual activity taking place."
Margaret McGregor, of the campaign group Zero Tolerance, said evidence of the girl's alleged complicity in the attack should not have been used.
"We are really concerned that the defence counsel should be using as mitigating evidence the assertion that a girl aged eight years had led on the accused and even more concerned that the judge should repeat this assertion in his sentencing speech," she said.
"Our research shows that one in two boys believe there are circumstances when it was OK to force a female to have sex. Violence against women and girls is unacceptable and inexcusable.
"For a child of eight, it is totally unacceptable to say that she led an older boy on."
Lorraine Gray, spokeswoman of Children First, said: "This is an absolutely appalling crime against this young girl. We should never be laying the blame on the victim."
The court heard the victim was playing on her scooter with a nine-year-old friend when they were approached by the youth in the Sighthill area of Edinburgh.
He took both girls to nearby bushes where he removed his victim's clothes, indecently assaulted and raped her in front of her friend. There was no suggestion that any force was used.
Solicitor-advocate Patrick Wheatley said the youth was sexually immature and added that background reports indicated "a certain amount of leading on, not by one but both young girls involved".
Mr. Wheatley added: "This was not anything done out of badness or a deliberate attempt to take advantage of a young girl. It was youngsters experimenting earlier than they should have been."
The court heard the girl went home after the incident and her mother called in police after finding blood on her clothes. She and her friend were able to identify the boy, who lived nearby. Shortly after the incident the girl was taken away from home and put into long-term foster care.
A psychologist's report advised against jailing the teenager, saying he was unlikely to re-offend and appeared to have learned his lesson. "Further monitoring and education in sexual behaviour would seem to be the most effective ways of ensuring public safety," said the report. "Detention would fail to offer him the best environment to grow and develop."
Earlier this week, seven judges debated for two days the possibility of up-dating the law on rape in Scotland, in particular the question of whether force has to be used in an offence of rape or whether a woman's lack of consent is enough to secure a conviction.
The issue would not apply to yesterday's case because any male who has sex with a girl under the age of 12 is automatically guilty of rape, even with the girl's consent.
