Man Rapes 12-Year Old & Gets No Jail Time Because Judge Says She Was An Active Participant

Man Rapes 12-Year Old & Gets No Jail Time Because Judge Says She Was A Participant

A 12-year-old girl whose rapist walked free from court has spoken of being “devastated” in a powerful letter.

The victim was plied with vodka and cherry cola at a party before being raped by Daniel Cieslak, then aged 19.

Cieslak, now 21, was controversially given an absolute discharge by a court in Scotland after claiming the 12-year-old had been an “active participant” in sex with him.

Silent until now, the young victim, who can be named only as Catherine, says she believes her attacker had sex with her while she was unconscious.

She woke up in a strange bed in a flat in Edinburgh feared she was pregnant and has since been on medication having made a failed bid to take her own life.

In the letter published by the Daily Record, Catherine, now 14, writes: “The guy Daniel said he didn’t know my age. I can barely remember that night.

“I have flashbacks, images ever since.

“I had passed out in the living room then I remember him picking me up, and then wakening up in a bed.

“It was said that I consented but how can someone consent when they can’t even talk?

“Before this happened, I was confident, happy, always had a smile on my face without trying. And now I fake a smile.

“I suffer from anxiety, depression, I take tablets to help me sleep. I even tried to commit suicide because I was barely holding it together.

“I have had a lot of low points. Then I found out he pled guilty and I didn’t have to go to court.

“My family and I celebrated.

“Then he walked free, nothing at all. I was devastated.”

The letter is published today with the permission of the girl’s mother, who can be named only as Christine.

Christine is furious at the decision by judge Lady Scott not to properly punish Cieslak.

He pled guilty to a charge of raping a girl under the age of 13 at the High Court in Glasgow in February.

The following month, Lady Scott gave him an absolute discharge – meaning he escaped meaningful punishment– after hearing he believed his victim was 16.

She said she took into account the girl’s “willingness” to go to a party and engage in “consensual sexual activity” in which she was an “active participant”.

The judge said while consent was not a defence to a charge of rape when the victim is under 13 – because she is deemed legally incapable of consent – it could be taken into account for sentencing.

She said: “Here the victim willingly participated in the sexual intercourse and there was, in fact, consent.”

Christine said: “We were relieved when he pled guilty because it meant Catherine wouldn’t have to go to court.


See More- Source: Mirror

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