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| Schoolboy who raped nine-year-old girl is spared custodial sentence | Schoolboy who raped nine-year-old girl is spared custodial sentence |
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| A 12-year-old schoolboy who raped and sexually assaulted a younger girl after viewing hardcore pornography on the internet has been spared a custodial sentence. | A 12-year-old schoolboy who raped and sexually assaulted a younger girl after viewing hardcore pornography on the internet has been spared a custodial sentence. |
| A judge was told that the boy, who is now aged 14, was "emulating" with the nine-year-old victim adult acts he had seen following unfettered access on a computer to explicit websites. The high court in Edinburgh heard that the case could be "the tip of the iceberg" and many others may not have been identified or reported. | A judge was told that the boy, who is now aged 14, was "emulating" with the nine-year-old victim adult acts he had seen following unfettered access on a computer to explicit websites. The high court in Edinburgh heard that the case could be "the tip of the iceberg" and many others may not have been identified or reported. |
| The boy's defence counsel Sean Templeton said: "There is a real risk that young people of the current generation of teenagers are growing up with a skewed view of what sex is and sexual activity." He said it was a great concern that they may be getting their sex education through pornographers. He revealed that during a police interview the accused child was asked why he had done it and his answer was: "Temptation." When questioned about the temptation he responded: "To feel grown up." | The boy's defence counsel Sean Templeton said: "There is a real risk that young people of the current generation of teenagers are growing up with a skewed view of what sex is and sexual activity." He said it was a great concern that they may be getting their sex education through pornographers. He revealed that during a police interview the accused child was asked why he had done it and his answer was: "Temptation." When questioned about the temptation he responded: "To feel grown up." |
| "This was an emulation of an adult act witnessed by him at this young age," said the defence counsel. "He was afforded unfettered access to the internet and it has become apparent from a very young age, the age of 12, he was accessing hardcore pornography." | "This was an emulation of an adult act witnessed by him at this young age," said the defence counsel. "He was afforded unfettered access to the internet and it has become apparent from a very young age, the age of 12, he was accessing hardcore pornography." |
| He said it appeared such material was discussed in the first year at secondary school and parliament was currently discussing how to protect young people from getting access to such images. "This is the tip of the iceberg. Many, many cases throughout the country may not be identified, not reported, not coming to anyone's attention," said the defence counsel. | He said it appeared such material was discussed in the first year at secondary school and parliament was currently discussing how to protect young people from getting access to such images. "This is the tip of the iceberg. Many, many cases throughout the country may not be identified, not reported, not coming to anyone's attention," said the defence counsel. |
| Templeton said the boy had identified the websites he visited to police and his lawyers had carried out an investigation. "The behaviour witnessed was reminiscent of the acts carried out by him," he added. The judge, Lady Smith, told the teenager that having looked at detailed and thoughtful reports prepared in his case she could consider a non-custodial disposal and was going to send the case to the children's panel where he could be kept under continuing supervision. | Templeton said the boy had identified the websites he visited to police and his lawyers had carried out an investigation. "The behaviour witnessed was reminiscent of the acts carried out by him," he added. The judge, Lady Smith, told the teenager that having looked at detailed and thoughtful reports prepared in his case she could consider a non-custodial disposal and was going to send the case to the children's panel where he could be kept under continuing supervision. |
| The judge said the measure of control and supervision that would be provided could mark society's disapproval and he would be provided with structure and advice, including how to handle relationships and sexual development all of which would be in the public interest and his own. | The judge said the measure of control and supervision that would be provided could mark society's disapproval and he would be provided with structure and advice, including how to handle relationships and sexual development all of which would be in the public interest and his own. |
| She told the boy he must behave and that he was being given an opportunity to "make something of yourself", to put his mistakes behind him and accept the wrongdoing and to think carefully of what it was like for the girl and "what she is living with because of that wrongdoing". | She told the boy he must behave and that he was being given an opportunity to "make something of yourself", to put his mistakes behind him and accept the wrongdoing and to think carefully of what it was like for the girl and "what she is living with because of that wrongdoing". |
| The judge told him: "You should not and must not regard pornography as any guide at all as to how to behave sexually." | The judge told him: "You should not and must not regard pornography as any guide at all as to how to behave sexually." |
| "You should not have engaged in sexual activity of any sort with a nine-year-old girl or indeed any other young girl who, under our law, is not able to consent to it," said Smith. The judge pointed out that he had pleaded guilty to statutory offences under the Sexual Offences (Scotland) Act 2009. She said that while the behaviour was very wrong and needed to be addressed she would "venture to suggest" that prior to that legislation coming into force it would not have brought him to the high court and there seemed every chance that it would have been addressed at a children's hearing. | "You should not have engaged in sexual activity of any sort with a nine-year-old girl or indeed any other young girl who, under our law, is not able to consent to it," said Smith. The judge pointed out that he had pleaded guilty to statutory offences under the Sexual Offences (Scotland) Act 2009. She said that while the behaviour was very wrong and needed to be addressed she would "venture to suggest" that prior to that legislation coming into force it would not have brought him to the high court and there seemed every chance that it would have been addressed at a children's hearing. |
| The boy, who cannot be identified for legal reasons, had earlier admitted statutory offences of rape and sexual assault committed between 1 December 2010 and 31 January in 2011 at a Scottish island community. | The boy, who cannot be identified for legal reasons, had earlier admitted statutory offences of rape and sexual assault committed between 1 December 2010 and 31 January in 2011 at a Scottish island community. |
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