Outrage after rapist spared jail for attack on 13-year-old schoolgirl

A rape crisis charity is “shocked” a young man was spared jail for raping a 13-year-old girl and branded the sentence “worryingly lenient”.

Sean Hogg was 17 when he attacked the schoolgirl at Dalkeith Country Park in Midlothian on various occasions between March and June 2018.

At the High Court in Glasgow on Monday, Hogg, now 21, was handed a community payback order with 270 hours of unpaid work.

Hogg, of Hamilton in South Lanarkshire, was also added to the sex offenders’ register and placed under supervision for three years after being found guilty by a jury.

Sandy Brindley, chief executive of Rape Crisis Scotland, said: “This is an extremely serious case and we are shocked this perpetrator has not received a custodial sentence.

“Given the gravity of this crime and the fact it was tried at the High Court, this sentence appears to us to be worryingly lenient.

“Our thoughts are with the survivor of this crime. For survivors of any sexual violence, it can be very difficult to see reports of convicted perpetrators walking free from court.”

New guidelines for sentencing under-25s came into effect in Scotland in January 2022.

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The Scottish Sentencing Council recommended a more “individualistic approach” to take account of the perpetrator’s life experiences.

The changes were made to help reduce reoffending by focusing on rehabilitation rather than punishment.

Judge said prison wasn’t ‘appropriate’

During Hogg’s sentencing, Judge Lord Lake said rape was one of the “most serious crimes” and the consequences of his actions would be “long-lasting” for the victim.

Lord Lake said he had considered the guidelines and concluded that imprisonment would not contribute to his rehabilitation.

“For the level of seriousness, I have to consider your liability and have regard to your age as a factor,” he said.

“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.”

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‘My worst fears have been realised’

The Crown Office and Procurator Fiscal Service is considering whether to take action.

“As with all cases, the Crown will consider the sentence and give consideration to whether it might be unduly lenient,” a spokesperson said.

The Scottish Conservatives have also written to new Justice Secretary Angela Constance to review the guidelines in the wake of the case.

Shadow justice secretary Jamie Greene MSP said: “The public are understandably furious about this rapist avoiding a prison sentence after repeatedly attacking a teenage girl.

“I share their anger. The so-called punishment of a community payback order is a total insult to the victim in this case, who will be scarred for life by these attacks.”

He added: “I warned at the time that these new guidelines were misguided and dangerous and sadly my worst fears have been realised. We must stop wrapping dangerous adult criminals in cotton wool.”

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