Rapist of a child gets community sentence

Let us hope the appeal does go through and that it is heard by different judge/s - the message to rapists must be that if you are found guilty you will go to prison.

I was just going to update this thread with these statements from the girl and her family but you beat me to itRosie
news.stv.tv/east-central/teenager-raped-at-13-speaks-out-after-attacker-sean-hogg-given-community-payback-order?utm_source=app

Poor girl, this sentence has done nothing for her.

www.bbc.co.uk/news/uk-scotland-edinburgh-east-fife-65298929

Mollygo yes, the fault is often placed with the female regardless of age. In this case, I hope that the girl and her family are getting support if it isneeded.

4 years to come to court is disgraceful. I do not know the full circumstances, but it seems there was more than one attack and in a park ... do it does not sound like a case of sex with a child when the perpetrator misunderstood her age ... force was involved and he was rightly convicted of rape.
I grasp the fact that prison corrupts ... a young relative went to prison and is now in the grip of drug pushers ... he will be in and out of prison all his life by the look of things. So, trying to keep young people out of prison makes sense but it us very important that rapists are clear that they will go to prison if convicted, whatever their age.

Parsley3

If the 21 year old has had a poor start in life and is now being given a chance and support to achieve something better then that is a good outcome to the sentencing. I assume that the welfare of the girl has already been addressed.

That’s a good point Parsley3.
I hope both parts of your post are true.

However, suggestions that it’s the fault of the female, of whatever age have been used to excuse male behaviour for ever.

Glenco

Just a different angle. Apparently it happened on multiple occasions. Why was it possible, I wonder. A 13 year old girl can be sexually active and quite happy to engage in sex and the boy was young, perhaps both were exploring their sexuality, quite a normal thing for adolescent youngsters to do. Perhaps the parents found out and reported the boy, but in fact they were both equally to "blame." Maybe, just maybe, that is why the sentence is so light. It's so easy to blame the boy and mark him as a sex offender.

If this had been the case, it would not have resulted in a criminal prosecution. Police and social workers are experienced in responding to the angry parents of 13 year old girls in sexual relationships with boys 3-4 years older.

If the 21 year old has had a poor start in life and is now being given a chance and support to achieve something better then that is a good outcome to the sentencing. I assume that the welfare of the girl has already been addressed.

It clearly states that he threatened the girl. That doesn't sound very consensual to me...

Just a different angle. Apparently it happened on multiple occasions. Why was it possible, I wonder. A 13 year old girl can be sexually active and quite happy to engage in sex and the boy was young, perhaps both were exploring their sexuality, quite a normal thing for adolescent youngsters to do. Perhaps the parents found out and reported the boy, but in fact they were both equally to "blame." Maybe, just maybe, that is why the sentence is so light. It's so easy to blame the boy and mark him as a sex offender.

Be that as it may, clearly he was deemed fit to plead and stand trial, so while I'm not saying he should be subjected to "extreme punishment", I still maintain that rape is rape and merits some form of custodial sentence.

Just as I said then.
If he was classed as vulnerable it puts a different light on it.
There was a recent case where a woman with MH issues caused a cyclist to fall off unfortunately into a busy road, who died, but the judge still jailed her.He wasn’t swayed by her MH probs.It’s a minefield.

Copied from the BBC Website. Its not an excuse but maybe it will stop people calling for more extreme punishment when they don't know what the judge does.

A social work report said that Hogg did not have an easy upbringing, and that he had mental health difficulties and a history of substance misuse.

www.bbc.co.uk/news/uk-scotland-edinburgh-east-fife-65173054

Unless he’s classed as vulnerable himself this now ‘young man’ should serve a prison sentence for what he did to/with a 13 year old girl.
Even 6 months would be better than the laughable community service, which a lot of people don’t even bother turning up to.

Nowhere is it reported that he is a 21-year-old rapist. He raped a younger teenager when he was 17. If he had still been doing it at 21, the investigation would have discovered that and he would be facing trial for that, too. He should not have done it at 17, but that does not automatically make him a danger to every child - and he will be supervised very closely during his community service.

glammanana

Parsley3

Have I got this right? In Scotland, 16 year old children are deemed to be mature enough to officially change their gender but a 21 year old rapist is not mature enough to serve a prison sentence. I despair as we have surely lost the plot.

So true its appalling isn't it what is the World coming to.

Do read my post of Wed 05-Apr-23 18:35:25, and follow the link I give there to www.scottishsentencingcouncil.org.uk/media/2171/sentencing-young-people-guideline-for-publication.pdf which explains the rational for the legislation.

Key sentences in it are
"10. In assessing culpability, the court should have regard to the intellectual and emotional maturity of the young person at the time the offence was committed.
"2. The court should not rely solely on age when determining the maturity of a young person."

"6. The court’s consideration of the level of harm, which includes the impact on any victim or victims, is not affected by the provisions of this guideline."

"14. Rehabilitation is a primary consideration when sentencing a young person. When selecting a sentence the court should, where appropriate, seek to rehabilitate the young person and to reduce the risk of reoffending".

"20. The full range of sentencing options remains open to the court."

and
"21. A custodial sentence should only be imposed on a young person when the court is satisfied that no other sentence is appropriate.

Disgusting, I couldn't believe it when I read about it. Lets hope his community service is not anywhere near children!

Never let the facts get on the way of a good ill-informed comment.

Parsley3

Have I got this right? In Scotland, 16 year old children are deemed to be mature enough to officially change their gender but a 21 year old rapist is not mature enough to serve a prison sentence. I despair as we have surely lost the plot.

So true its appalling isn't it what is the World coming to.

You’re back to the old mine is better than yours or yours is worse than mine game then.
Rape is rape. Unwilling rape? Has there ever been a case of “willing rape” brought to court?

Hermother.

We can all indulge in a bit of whataboutery...

How did the English courts deal with the 21-strong gang recently convicted for child sex crimes?

How did the English courts deal with the 13 people in Bolton charged with grooming?

None of the 34 were trans BTW, and didn't have to maintain a "chilling" persona of any kind, they were offenders targeting the 57 young people that they (allegedly) went after.

We've got our priorities all wrong here.

I don't think Andrew Miller, also known as Amy George,who has today been charged, along with other things, with the alleged abduction, rape and sexual assault of an 11-year-old girl, with keeping her away from her family for 27 hours, and the possession of an indecent photograph of a child, will be sentenced in the same way as the case in the original post.

53 is a little old to claim to have been immature at the time of the crime.

Blondiescot

The very definition of rape is to force someone to have sex against their will. It was also stated in court that he had also threatened her.

Thanks for this reminder. This man was tried in a Court, with a jury. He was found guilty after all the evidence was presented. Posters who ‘wonder’ whether this child consented must have no understanding of criminal law.

The very definition of rape is to force someone to have sex against their will. It was also stated in court that he had also threatened her.

Blondiescot

missdeke

Rape is a terrible crime, whatever the age, but do we have all the relative information. To play devil's advocate, was it rape or statuary rape because she was under age? Was she known to him, did they go out together? Was she a willing partner? Obviously it is still against the law and there is a price to pay for breaking the law. I think I would have had to hear the case and all the relative details before I made a judgement on what was an appropriate sentence.

Rape is rape. She was 13 - therefore the law says that she cannot consent to sex.

I quite agree, she was not old enough to consent, but surely the sentence would be lesser if they were both kids (17 is still immature, especially in boys) than if she was raped unwillingly. The sentence is lenient, perhaps too lenient, but I don't feel in a position to comment on the judge's decision without all the facts.