A convicted child rapist on a community payback order for his previous crimes has today (Thursday) been jailed after admitting sex with a 13-year-old.
But the 17-year-old - who cannot be named for legal reasons - will be back on the streets by Christmas after he was given a one-year sentence, backdated to the day he was taken into custody in June.
He has already been on remand for four months - meaning he will be eligible for automatic early release halfway through his sentence in mid-December.
A sheriff told him that custody was the only option because he “doesn’t appear to have learned” from his previous community sentence.
The teen - who last year avoided jail for a sex offence against a 12-year-old committed when he was 14 - told the girl he was “choking to go with her” before taking her into the grounds of Dundee and Angus College, in Dundee’s Gardyne Road.
They had sex in a “grassy area” of the college grounds - before he immediately got up and told her he had to leave.
The girl’s mother then picked her up before the 13-year-old told her what had happened the next day.
She then told a counsellor who called in police.
Fiscal depute Eilidh Robertson told Dundee Sheriff Court: “He has a previous conviction from the High Court in 2015 for an offence committed when he was 14 and the complainer was 12.
“He was given a community payback order for that offence and was still subject to hat at the time of this offence.
“The complainer in this case met him through mutual friends in 2015 but there was no contact between them until June 2016 when he added her on the Snapchat social networking app.
“On June 6 he sent her a message asking to meet up that night.
“She refused but they met the following day.
“They chatted for some time and he was immediately affectionate towards her, kissing and cuddling her.
“He told her he had been ‘choking to go with her’ and they then walked towards the college.
“He repeatedly asked her if she would have sex with him, and when in the grounds of the college he said ‘have sex with me there’ and pointed to a grassy area.
“They went there and had sex, after which he stood up and said he had to leave.”
The 17-year-old, who cannot be named for legal reasons, a prisoner at HMP YOI Polmont, pleaded guilty on indictment to a charge under the Sexual Offences (Scotland) Act.
Defence solicitor Katrina Clark urged the court to impose a second community payback order on the teen instead of a jail term.
She said: “He’s aware he faces more time in custody.
“The more effective way forward for him would be through the intensive project outlined for him in the social work reports.
“That wouldn’t be an easy option.
“This could be dealt with by a non-custodial sentence due to his age, the period he has spent in custody on remand and his acceptance of his guilt at an early stage.”
Sheriff Alastair Carmichael imposed a one-year sentence of detention on the teenager, placed him on the sex offenders register for 10 years and imposed a sexual offences prevention order for six years that will see him monitored by specialist officers.
He said: “Unfortunately from your perspective no other method than custody is appropriate.
“I’ve come to that decision based on the gravity of the offence and also because you were subject to a CPO with specialist elements which you don’t appear to have learned from.”