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A man who admitted raping a 12-year-old girl has walked free from court. Daniel Cieslak, 21, had believed the girl - who he met in a taxi queue in Edinburgh in July 2015 - was 16. He burst into tears when police later revealed her true age. The judge, Lady Scott, said she was taking the "wholly exceptional decision" not to sentence Cieslak. Instead, she gave the first offender an absolute discharge at the High Court in Glasgow. She said: "I do not consider there is any need for, or public interest in, punishment. To do so would in my view be disproportionate given the nature of the criminal culpability here." Student Cieslak, who was 19 at the time of the offence, had earlier pleaded guilty to the rape charge.
The victim said she was 16 and her friend was 17. The taxi driver later said he thought the girl was 20. Cieslak then invited them to a party at his friend's house, where he had sex with the 12-year-old. The court heard she left the next morning, and there had been no suggestion of her being distressed. The offence came to light days later after the girl told her sister she was "extremely worried" she could be pregnant.
This is a highly unusual case, and the judge has pointed out a number of "exceptional circumstances" in it, as she sought to explain why she passed the most lenient sentence allowed in law. At its heart is the fact that the girl in question looked over 16 - even the judge accepts that, having viewed CCTV footage. Police officers looking at night for under-age children in the streets of Edinburgh had no concerns about her age. Also, the girl engaged in sex willingly.
So why was Daniel Cieslak prosecuted? Rape laws, which were strengthened in 2009, do not allow any child under the age of 13 to give informed consent about sexual intercourse. So if it happens, in the eyes of the law, it is rape; there is no defence of consent. Under the strict definition of the Act, prosecutors were bound to charge Mr Cieslak who, in any case, admitted the offence. But the judge has exercised her sentencing powers to impose no punishment on him.
I do know one thing though it would be smart of this guy to leave Scotland asap, those guys don't f*ck about and to be fair if this was my daughter/niece etc.... i would defiantly be looking around for this guy for some punishment time consent or not, very hypocritical of me i know but we're all just animals at heart are we not
Is Scotland somehow more violent than everywhere else? I think that is rather slurring
If I was Scottish I would be very unhappy at what you just wrote
No! Most of us are not animals at heart. We are human beings.
originally posted by: MRM13
I think it sets a dangerous precedent for future cases though. As a previous poster said even the fact that a 19 year old was interested in what he thought was a 16 year old doesn't sit quite right, as she shouldn't have been partying or out on the streets in the early hours of the morning at that age. At the age of 12 she was legally unable to give proper informed consent so cannot be held responsible for her actions - even the judge accepts this as is written in the article, as the proper cut off is 13. Just because she lied and looked older does that make it ok?
originally posted by: DarkvsLight29
As a Scottish man myself i've got to say (it's all about the area you live in) most of us don't walk around looking for trouble (at all) but in my experience you're better off walking away cause we do what we have to do, just my 30 years on that and very messed up situations for me.
Think it's the same in every Town/City around the world?
Edit..I don't think this dude realised her age (bad judgment on his part) and definitely on hers for not saying her age,, reminds me of Trainspotting. if you get what i mean?.
originally posted by: nickovthenorth
www.bbc.co.uk...
A man who admitted raping a 12-year-old girl has walked free from court. Daniel Cieslak, 21, had believed the girl - who he met in a taxi queue in Edinburgh in July 2015 - was 16. He burst into tears when police later revealed her true age. The judge, Lady Scott, said she was taking the "wholly exceptional decision" not to sentence Cieslak. Instead, she gave the first offender an absolute discharge at the High Court in Glasgow. She said: "I do not consider there is any need for, or public interest in, punishment. To do so would in my view be disproportionate given the nature of the criminal culpability here." Student Cieslak, who was 19 at the time of the offence, had earlier pleaded guilty to the rape charge.
As i started to read this i was already feeling the rage within start to build as it usually does when i see this kind of thing, i thought ok she lied about her age that doesn't mean it was OK to rape her but after reading the full article i think the right decision may have been made.
Please, please read the full article before you crucify me on this, some more snippets below.
The victim said she was 16 and her friend was 17. The taxi driver later said he thought the girl was 20. Cieslak then invited them to a party at his friend's house, where he had sex with the 12-year-old. The court heard she left the next morning, and there had been no suggestion of her being distressed. The offence came to light days later after the girl told her sister she was "extremely worried" she could be pregnant.
The girl lied about her age, with witness stating they thought she was older, to be honest though 20 sounds a bit far fetched but we will never get to see how old this girl could have appeared to be at the time.
This is a highly unusual case, and the judge has pointed out a number of "exceptional circumstances" in it, as she sought to explain why she passed the most lenient sentence allowed in law. At its heart is the fact that the girl in question looked over 16 - even the judge accepts that, having viewed CCTV footage. Police officers looking at night for under-age children in the streets of Edinburgh had no concerns about her age. Also, the girl engaged in sex willingly.
The Judge agreed about the girl looking much older than her true age after reviewing CCTV footage, also police officers looking for under age children out late at night had no concerns about her age, they also seem to believe the girl had sex with him willingly.
So why was Daniel Cieslak prosecuted? Rape laws, which were strengthened in 2009, do not allow any child under the age of 13 to give informed consent about sexual intercourse. So if it happens, in the eyes of the law, it is rape; there is no defence of consent. Under the strict definition of the Act, prosecutors were bound to charge Mr Cieslak who, in any case, admitted the offence. But the judge has exercised her sentencing powers to impose no punishment on him.
The rape charge was brought as it was a part of Law due to the girls age regarding consent.
I do know one thing though it would be smart of this guy to leave Scotland asap, those guys don't f*ck about and to be fair if this was my daughter/niece etc.... i would defiantly be looking around for this guy for some punishment time consent or not, very hypocritical of me i know but we're all just animals at heart are we not
originally posted by: nickovthenorth
originally posted by: DarkvsLight29
As a Scottish man myself i've got to say (it's all about the area you live in) most of us don't walk around looking for trouble (at all) but in my experience you're better off walking away cause we do what we have to do, just my 30 years on that and very messed up situations for me.
Think it's the same in every Town/City around the world?
Edit..I don't think this dude realised her age (bad judgment on his part) and definitely on hers for not saying her age,, reminds me of Trainspotting. if you get what i mean?.
I agree 100% there are rough/dangerous parts in most towns and cities especially these days, i certainly did not mean to imply Scotland was worse than anywhere else, as suggested.
Seeing as you are actually a Scotsman i will apologize if you are offended by my comments it was not my intent.
I will state though(even though as a proud Englishman it pains me to do so) there is reason why the Scottish make up a good chunk of our special forces, and it ain't for their tea making capabilities
Edit... Forgot to the Trainspotting reference.
Flame on then.... As a woman. I can categorically state. Without a doubt. Girls, do in fact lie. Some much worse than this. Where were her guardians when this "rape" took place?
No need to apologize dude i wasn't offended one bit, and glad you're a proud Englishman (now a days it's all we have) you know us Scotsman and Englishman have a history together (mostly fighting past wars with each other, but now its football lol)..Glad you got the Trainspotting reference :-) P's lol on the tea making reference
originally posted by: nickovthenorth
a reply to: DarkvsLight29
No need to apologize dude i wasn't offended one bit, and glad you're a proud Englishman (now a days it's all we have) you know us Scotsman and Englishman have a history together (mostly fighting past wars with each other, but now its football lol)..Glad you got the Trainspotting reference :-) P's lol on the tea making reference
Glad i didn't offend, i have always thought the four Home Nations as a sort of dysfunctional family we fight and bicker and kick and spit between each other, but let an outside force try and come at us and they would have no idea what would be waiting for them because then we band together that outside force gona find they effed up
we've done it before and we would do it again if and when needed.