I AM reluctant to disagree with Sarah Nelson (Letters, March 22) regarding the recent decision of Lady Scott (“Outcry as man who raped girl, 12, walks free”, The Herald, March 18) but I think that she does miss an important point. In the present, most unusual case it seems clear that no one, including the police or Daniel Cieslak, had any reason to believe that the girl was under 16.
Ms Nelson fears that the court would be “giving a green light to anyone to have sex with a child under 13 by claiming that they looked over 16”. For such a claim to be successful is most unusual when the child is so young. However it is quite clear that the judge and everyone else as far as possible to discern really thought that the girl was 16 or over. Had Mr Cieslak not been believed then obviously an appropriate sentence would have been imposed. Given however that he was believed then clearly the situation is that there was no criminal intention on his behalf.
The English example which Ms Nelson gives is hardly on point given that there was no suggestion in the present case that Lady Scott took the view that Mr Cieslak had been “egged on”. What had happened was that he made a serious mistake when he was 19 but in all the evidence a genuine mistake rather than a criminal act.
Branislav Sudjic,
Black & Guild Solicitors,
38 Hunter Street, Kirkcaldy.
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