Man who raped girl, 13, given community sentence
SpindriftA 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.
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.
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.
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
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.
"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.
"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.
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."