THE case of a teenager who walked free from court after sexually assaulting a six-year-old girl shows sentencing guidelines must be updated as a “matter of urgency”, Scottish Labour have said.
Christopher Daniel was found guilty of repeated sexual assaults on the young girl over two years but was granted an absolute discharge by sheriff Gerard Sinclair.
The verdict at Dumbarton Sheriff Court means Daniel, who was between 15 and 17 at the time of the crimes, will not be on the sex offenders register or have any criminal record.
Following the decision, a Judicial Office for Scotland statement said: “The sheriff considered the offence to be the result of an entirely inappropriate curiosity of an emotionally naive teenager rather than for the purpose of sexual gratification.”
It added any recorded conviction for the offence would have “serious consequences in terms of the accused’s future career” and any sentence would mean Daniel would “probably be unable to continue his university course”.
Scottish Labour are now demanding the sentencing guidelines for sexual assault are changed.
In a letter to the Sentencing Council, justice spokesman Daniel Johnson wrote: “The response to the verdict and subsequent written report has been one of shock and confusion, not only from the public but also organisations like Scottish Rape Crisis.””I am deeply concerned that as well as the distress the verdict has caused for the victim’s family, there is a risk of disillusionment and lack of confidence in our sheriffs.
“I see from your website that you are currently developing guidelines on the sentencing process, the sentencing of young people, death by driving and environmental and wildlife crime.”
“I would ask that in light of the recent choice not to pass sentence on Christopher Daniel and the public response, the Sentencing Council consider making developing guidelines on sexual assault, giving particular attention to sentencing of young people, a matter of urgency.”
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