Man, 21, who admitted raping a 12-year-old girl walks FREE after a judge agrees 'she looks over the age of 16'.
The source for my weekly news this week is Mail Online.It is about a man 21 although he was 19 when this incident happen who was sex free after he admitted to raping a 12 year old girl. Cieslak, 21, met the victim and her mate, who were aged 12 and 13, in a taxi queue in Edinburgh after a night out in the summer of 2015 and went back to a party with them thinking they were 16 and 17. They later on went back to his flat and had sex, she left early the next morning. He was sex free on these bases from the judge:
Taking into account that all witnesses on the night thought the victim was over 16, that Cieslak was told she was 16 and with no signs of distress, Lady Scott said: 'Your criminal culpability here is wholly restricted to the application of strict liability within this offence.
'That is in marked distinction to other reported cases under this statutory provision, which have involved conduct involving assault or recklessness or force, or the absence of consent or have resulted in distress to the victim - all of which are factors which raise the need for punishment.
'In addition, there is no suggestion here of predatory conduct or grooming or manipulation or deception.
'I do not consider there is any need for, or public interest in, punishment. To do so would in my view be disproportionate given the nature of the criminal culpability here.
'Nor do I consider there is any basis for, or real public interest in, requiring your notification under the Sexual Offences Act 2003.
'Considering all of these factors I have reached the conclusion that justice is best served in this case by taking the wholly exceptional decision not to sentence you and instead I discharge you absolutely.
'As a result, the requirement of any notification does not arise under the relevant statutory provisions.
This news story has actually broken my heart to read the fact that the man was just set free, no sort of punishment and he pleaded guilty. Fair enough she lied about her age but she is still young and vulnerable probably haven't even had her period yet.
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