SENTENCING STATEMENTS

On sentencing Lord Harrower made the following remarks in court:

"AB, you have been tried by a jury and found guilty of rape.  All the jury members agreed with that verdict.  The girl you raped was 15 years’ old.  I will call her Sara, though obviously that is not her real name.  You yourself were just 14, ten days short of your own 15^th birthday. 

This should have been a happy day in Sara’s life.  She was about to start a new course at college.  But she was also anxious.  The campus was unfamiliar to her.  Although she didn’t know you well, you had been messaging each other.  You were familiar with the college and its campus.  So you arranged to meet her as she got off the bus.

When you met Sara, you didn’t take her to the college.   You took her to a nearby park.  You told her you wanted to vape.  In the park, the two of you sat at opposite ends of a bench.  Sara was uneasy.  She thought you were staring at a man with a dog.  When she asked you why, you said you were waiting for him to leave.

After the dog walker left, you put your arm around her.  You tried to kiss her, but she pulled away.  She had been sitting with her legs crossed, but you pushed them apart. You put your fingers in her vagina through her clothes.  She told you to stop.  She made herself very clear, but you continued.  You unzipped her jumpsuit.  She resisted.  She tried to stand up, but you pulled her back down.  You took your penis out of your trousers and put it in her vagina.  You called her a "slut".  You threatened her with further violence.  You attempted to remove her bra.  You continued touching her thighs.  Eventually you stopped.  According to Sara, that was only because you were having difficulty removing her clothing. 

Sara had bruising.  Her vagina was bleeding.  She was left badly shaken and distressed.  The incident itself lasted less than half an hour.  But in a statement she has given to the court, Sara has explained the continuing impact of what you did to her. 

It is important that I set out some of the details of that statement here.  I know that you have shown an understanding of the anger and distress of Sara’s “family and friends”.  That is how it is put in a social work report that I requested for this hearing.   But it is important that you also understand the anger and distress caused to Sara herself. 

She has been in a constant state of fear and anxiety.  She struggles to sleep.  She is haunted by nightmares in which she sees your face.  Simple things that once made her happy now make her panic.  She is worried about what she wears.  She becomes overly conscious of people looking at her.  She finds it difficult to trust others, particularly males.  She does not feel safe when on her own. She is scared to go out, to go on buses, to go to school.  She finds it difficult to concentrate on her studies.  Her education has suffered.  She feels angry, sad, stupid and tired. 

You are now 16 years’ old.  In sentencing you, I must consider the seriousness of your offence.  That means I must consider two things.  The first is your level of culpability.  The second is the degree of harm you caused.  In assessing culpability, I must have regard to your level of maturity at the time the offence was committed.  Your rehabilitation is a primary consideration. 

I have carefully considered everything said today on your behalf by Ms Gianni. I have considered a number of reports.  These include a social work report, a report from your school’s pupil support leader, and a report of your participation in a personal development programme.  I have also considered a sympathetic character reference from the owner of a business with whom you gained work experience. 

You have been diagnosed by an educational psychologist as having an intellectual disability.  I have read that report and I accept its conclusions.  That affects my assessment of your level of culpability.  I also understand that you continue to maintain your innocence.  That is your right.  But it means that you are unable to show remorse for what you did. 

The social worker has explained that a range of sentences is available to me.  These include making an order for a period of time in which you would be supervised in the community and be subject to a curfew.  However, the punishment must fit the crime.  I have decided that your offence is so serious that detention is the only appropriate sentence. 

The guideline for sentencing young people recommends that your sentence be shorter than would be imposed on an older person being sentenced for the same or a similar offence.  Taking all the circumstances into account, I will sentence you to a period of detention of 3 years.  It is clear to me that you come from a very supportive family.  I am counting on them to continue to provide that support to you while you are being detained and when you are released.

You will remain subject to the notification provisions of the Sexual Offences Act 2003 for an indefinite period as that term is defined in the legislation.

I will also make a non-harassment order, in terms of which you will not approach, contact, or attempt to approach or contact, in any way whatsoever, and either directly or indirectly, the complainer named in the charge on the indictment, that order to subsist for an indefinite period.”