Community sentence for man who raped girl, 13, ‘extraordinary’on April 4, 2023 at 11:10 am

A community sentence handed down to a man who raped a 13-year-old schoolgirl when he was 17 has been described as “extraordinary” by a leading KC.

Sean Hogg, now 21, attacked the girl in Dalkeith Country Park, Midlothian, on various occasions in 2018.

Judge Lord Lake said that if the offence had been committed by an adult over 25, Hogg would have received a jail sentence of four or five years.

Tommy Ross KC said the 270-hour community sentence was “very unusual”.

Hogg’s punishment has also been condemned by Rape Crisis Scotland, who said it was “inexplicable”.

BBC Scotland requested and obtained a copy of the judge’s sentencing notes, which detail the reasoning behind the sentence.

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

Mr Ross, who has worked on major cases including the murder of Margaret Fleming, told BBC Radio’s Good Morning Scotland programme he had never known a case like it.

The KC said: “It is an extraordinary sentence.

“I have been working in the high court for around 20 years and I have never seen anybody avoid prison for rape until yesterday.”

Sandy Brindley, chief executive of Rape Crisis Scotland, expressed concern about the message such a case sent out.

Speaking on BBC Radio Scotland’s Drivetime she also criticised the fact it took four years to come to court.

Ms Brindley said: “Of course the role of the justice system should be about rehabilitation, but there also needs to be a sense of it giving some sense of justice for victims of crime.

“I just don’t see how this sentence can do that.”

On the prospect of the sentence being overturned, she told the programme: “It is hard to imagine a case more deserving of that judgement of unduly lenient than the rape of a 13-year-old girl.”

Judge Lord Lake told Hogg rape was “one of the most serious crimes” and noted the effect on his victim was likely to be “marked and long lasting”, especially given her age and apparent vulnerability.

But he said the rapist’s age was an “important factor”.

The judge said it had taken just over four years for the case to come to court and Hogg had not been involved in any further sexual offending during that time.

He added: “I consider that it is appropriate that you should be sentenced as you would have been sentenced had it been brought to trial more rapidly when you would still have been in your teens.

“This means that you are considered less culpable – less blameworthy.”

Lord Lake went on to state that while he had to consider punishment and deterrence, “rehabilitation is the primary consideration”.

He added: “It does not seem to me that imprisonment is the way most likely to lead to your rehabilitation.”

Lord Lake told the court the criminal justice social work report noted Hogg had not had an “easy upbringing”, had mental health difficulties and a history of substance misuse.

He said: “Despite these problems, the report notes that you did well in your school leaving exams.

“This factor also suggests that rehabilitation will be possible.”

Lord Lake then detailed the terms of the order, as well as a three-year offender supervision requirement.

Hogg must also attend an annual progress review in 2024 and 2025.

Lord Lake told Hogg he considered imposing a restriction of liberty order but decided not to do so based on the concerns expressed in the Criminal Justice Social Work Report.

He added: “It considers that an order would make you more isolated and could have adverse effect on your mental health.

“In the past, drugs consumption has been an issue for you and it seems as if you still have problems with alcohol.

“Imposing a ROLO might have removed you from harm from these sources but would expose you to other risk.”

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.

Lord Lake told Hogg that if the offence was committed by an adult over 25, they would attract a sentence of four or five years.

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.”