Man, 21, who raped girl, 13, in park walks free as he was too young for prison

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Sean Hogg, now 21, was found guilty of rape by a jury at the High Court in Glasgow
Sean Hogg, now 21, was found guilty of rape by a jury at the High Court in Glasgow

A rapist who attacked a 13-year-old girl in a park has walked free from court after a judge said he is too young to be jailed.

Sean Hogg, now 21, was found guilty of raping the teenager at Dalkeith Country Park in Midlothian, Scotland.

But judge Lord Lake said that his age, which was 17 at the time, had to be taken into consideration as a factor during sentencing.

As a result, Hogg was ordered to carry out 270 hours of unpaid work.

The decision has since sparked outrage among politicians and charities, with Rape Crisis Scotland's CEO Sandy Brindley describing the sentencing as "worryingly lenient".

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Man, 21, who raped girl, 13, in park walks free as he was too young for prisonHogg will have to carry out 270 hours of unpaid work

She 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."

Scottish Conservative justice spokesman, Jamie Greene, added: "The lack of a prison sentence is a total insult to the young teenage victim in this case.

"It once again reaffirms how misguided the SNP's sentencing guidelines are in reality and how judges' hands are tied as a result."

Court papers state Hogg, of South Lanarkshire, carried out an assault by threatening the girl and pulling down her lower clothing.

Man, 21, who raped girl, 13, in park walks free as he was too young for prisonDalkeith Country Park in Midlothian, Scotland

He then seized the girl by her wrists, forced her to carry out a sex act on him and raped her.

Hogg appeared in the dock in tears after being found guilty by a jury at the High Court in Glasgow.

Judge Lord Lake said: "Rape is one of the most serious crimes and that is why it is tried at the High Court.

"Looking at the circumstances - her age and vulnerabilities are aggravating factors. For the level of seriousness, I have to consider your liability and have regard to your age as a factor.

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"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."

Hogg was also placed under supervision and put on the sex offenders register for three years.

Donald Findlay KC, defending, told the sentencing that an appeal is planned.

Jamie Klingler, the co-founder of Reclaim The Streets, branded Hogg as "UK's Brock Turner".

Brock Turner was convicted by jury trial of three counts of felony sexual assault in California in 2016.

He was sentenced to six months in jail followed by three years of probation but was released after three.

The case sparked national outrage and lead to the judge being recalled from the bench and for the California government to require prison terms for rapists whose victims were unconscious, and to include digital penetration in the definition of rape.

Chanel Miller was known as 'Emily Doe' during the trial before she waived her anonymity and published a memoir about her experience going through the justice system in 2019.

Katie Weston

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