An alleged rapist spared a criminal conviction under controversial guidelines will still not be prosecuted despite a major review.
The teenager, investigated by the police and charged with a serious sex attack on a 17-year-old girl was handed a “diversion from prosecution” because of his age and criminal proceedings scrapped.
The public outcry over the case, revealed by the Sunday Mail, led to Scotland’s top prosecutor Lord Advocate Dorothy Bail KC to order a review of the entire policy.
But last week the devastated victim, who was prepared to give evidence in court, was told there would be no further action against the now 18-year-old rape accused.
She said: “This is like being raped again and again. I did all the right thing. I went to the police. I was prepared to go to court which I know would have been traumatic and give my evidence so a jury could decide.
“I don’t even get that chance because prosecutors think he should get a free pass because of his age.
“The way I’ve been treated and the decisions made in this case are the very reasons why people are in fear of speaking up. The only thing that has been consistent in my case is me being let down by the justice system.
“I am proof that this system doesn’t work, that diversion from prosecution doesn’t offer the victim any justice.
“There is no closure when the person who did this to you can walk away and get on with their lives without any punishment, or acceptance, admission or even recognition of what they have done.”
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Her 46-year-old mum said: “I can’t express how angry and devastated we are as a family by this decision.
“The review came about because of my daughter’s case and at the time it was announced the Crown still reserved the right to prosecute him.
“We had been given a chance to see justice done. We put ourselves out there to ensure that the Crown would see that this rapist should be held accountable for his actions and treated accordingly. This review is a total waste of time and taxpayers money.
“They have left us totally disgusted and disillusioned with a justice system that gives nothing but false hope for victims.”
The 17-year-old still has the right to request another a review of this decision but she and her family doesn’t have much hope that it would change anything.
We revealed in June that the accused from Ayrshire had been charged with rape but but only hours before he was due in the dock prosecutors agreed to halt court proceedings.
He had been due to take up a football scholarship in the US and as an alternative to prosecution and without admitting any crime he was offered and agreed to do a six week social work course.
After the public outcry, Crown prosecutors ordered a review of the controversial policy that is meant to tackle repeat low level offending by under 25s.
The attacker of another teenager, Kaitlyn Ward, from Alloa, who was just 14 when she was assaulted by a 16-year-old was also given a diversion from prosecution and therapy despite sufficient evidence for a trial.
At the conclusion of the intervention, which usually lasts three months, justice social work submit a completion report to the Crown Office and Procurator Fiscal Service (COPFS).
If the report concludes that the course has been completed successfully, the offender has nothing on his record.
This case was extended to October as a result of the review but last week prosecutors said it had now been dealt with.
Scottish Conservative shadow justice secretary Russell Findlay MSP said: “This latest development will undoubtedly add to the pain, confusion and devastation felt by this young woman whose faith in justice has been shattered.
“Giving an alleged rapists a short course of therapy instead of putting them in the dock, exposes the reality of what is happening in Scotland.”
Sandy Brindley, chief executive of Rape Crisis Scotland, said: “Our thoughts are with the survivor in this very serious case and their family. It is difficult to see any circumstances where diversion from prosecution can ever be appropriate for a crime as serious as rape. Reporting sexual violence can be very difficult. Cases like this, where survivors feel they have been left with no sense of justice, do not make that easier.
“We understand the will not to send young people to prison in many circumstances, but rape is an extremely serious offence that requires a robust response.
“It’s essential that the impact on survivors is always considered when sentences are issued and when sentencing guidelines are developed. We look forward to the outcome of the review of rules around diversion for young people.
Speaking earlier this year, the accused father said: “These are malicious allegations that could potentially ruin a boy’s life.” The family have declined to comment further.
A spokesperson for the Crown Office and Procurator Fiscal Service said: “This matter remains under consideration and is live for the purposes of the Contempt of Court Act 1981.
“In order to protect any future proceedings and to preserve the rights of the complainers, the Crown will not comment further at this stage.”
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