Google MapsA man who was found guilty of raping a 13-year-old girl in a park in Midlothian has walked free from court.
Sean Hogg, 21, was given a community payback order as a direct alternative to a jail sentence at the High Court in Glasgow on Monday.
Court papers state Hogg carried out assaults at Dalkeith Country Park on various occasions between March and June 2018.
Hogg, of Hamilton, South Lanarkshire, threatened the victim and pulled down her lower clothing, before seizing her by the wrists and causing the girl to carry out a sex act on him.
He went on to push his victim’s head down and raped her.
Hogg was found guilty by a jury and appeared in the dock in tears at the High Court in Glasgow.
Judge Lord Lake told Hogg he “didn’t intend to send him to prison” as he did not believe this would “contribute to his rehabilitation.”
He 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.
“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 ordered to do 270 hours of unpaid work.
He was also put under supervision and the sex offenders register for three years.
Donald Findlay KC, defending, told the sentencing that an appeal is planned.
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