Sean Hogg: man given community sentence for rape of girl, 13, is acquitted - alleged victim ‘devastated’

A man given a community sentence for raping a 13-year-old girl has been acquitted following an appeal.

The case of Sean Hogg, 22, sparked public outrage when he avoided jail time after being found guilty of raping the schoolgirl at Dalkeith Country Park, Midlothian, on various occasions between March and June 2018.

Because of Scotland’s sentencing guidelines for under 25s, Hogg, who was 17 at the time of the alleged assaults, was given 270 hours of unpaid work - although Judge Lord Jonathan Lake told the High Court in Glasgow that he would have been given four or five years behind bars if he had been over 25.

At the time, Rape Crisis Scotland branded the sentence “worryingly lenient”, while Scotland’s Lord Advocate, Dorothy Bain KC, told the Crown Office and Procurator Fiscal Service (COPFS) to appeal the sentence on the grounds that it was “unduly lenient”.

But on Wednesday (11 October), Hogg had his conviction quashed after Judge Lady Dorrian ruled there had not been enough evidence. She said: “There was an insufficiency of evidence and the inevitable result of this case must be acquittal.”

It came after Donald Findlay KC, representing Hogg, argued last month at a Court of Criminal Appeal hearing that the judge in the initial trial had not followed correct legal procedures.

Mr Findlay said Lord Lake had told jurors that the girl’s evidence could be corroborated by the account of a man who said she appeared to be “distressed” following the incident. He claimed this supported the girl’s “credibility”, and said it was wrong of Lord Lake to have said this.

Prosecutors admitted “mistakes” were made in the trial but insisted there was still enough evidence to convict Hogg. However, the Scottish Courts and Tribunals Service announced on Wednesday (11 October) that the appeal had been upheld.

It was later confirmed that there would be no retrial, with Solicitor General Ruth Charteris KC commenting: “It is not in the interests of justice to seek a new prosecution.”

The Scottish Sun reported that Hogg smirked as he left court and refused to comment on the case, instead telling gathered reporters: “I’m not saying nothing.”

Speaking after the acquittal, Hogg’s accuser, who is now 19, said she is “devastated” and has “no hope of closure”. Her solicitor Aamer Anwar explained in a statement: “When she went to the police, she had a hope for justice.

“When the jury returned a verdict of guilty, she thought finally she could move on with her life. Whilst she appreciates that senior judges have come to this decision after very careful consideration, nonetheless that does not take away from her feeling of devastation and knowing that there is no hope of closure.

“My client will remain ever grateful to the police who carried out a robust investigation, and wishes to thank the jury for doing their duty.

“My client has a question for the judiciary, the Government, and the Lord Advocate. She asks, is there anyone who will say that it was never the intention of sentencing guidelines for under 25s to mean convicted rapists could escape imprisonment?”

Mr Anwar also added that the 19-year-old urged the Scottish Government not to introduce juryless rape trials, as is under consideration. He said: “My client believes in jury trials for rape. She feels that 15 ordinary men and women are best placed to decide innocence or guilt.”

Meanwhile, Solicitor General Charteris said: “I know that the complainer’s experience of the criminal justice system has been very difficult. I have offered to meet with her and her family if that would be helpful to them.

“The Crown will seek to learn any lessons it can from this case as we continue work to transform the way we prosecute sexual offences.”