Lady Scott took the 'wholly exceptional' decision to grant Daniel Cieslak an absolute discharge at the High Court in Glasgow today.
The undergraduate had been charged with two rapes and one sexual assault dating from December 2014 after he took a woman back to his accommodation.
But last July, just weeks before his trial, the CPS dropped the case, due to 'inconsistencies' in his accuser's account.
Taking into account that all witnesses on the night thought the victim was over 16, that Cieslak was told she was 16 and with no signs of distress, Lady Scott said: 'Your criminal culpability here is wholly restricted to the application of strict liability within this offence.'That is in marked distinction to other reported cases under this statutory provision, which have involved conduct involving assault or recklessness or force, or the absence of consent or have resulted in distress to the victim - all of which are factors which raise the need for punishment.'In addition, there is no suggestion here of predatory conduct or grooming or manipulation or deception.'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.'Nor do I consider there is any basis for, or real public interest in, requiring your notification under the Sexual Offences Act 2003.'Considering all of these factors I have reached the conclusion that justice is best served in this case by taking the wholly exceptional decision not to sentence you and instead I discharge you absolutely.'As a result, the requirement of any notification does not arise under the relevant statutory provisions.'Last week Lindsey Kushner QC said the 'disinhibited' behaviour of women who have been drinking places them in danger of predators who 'gravitate' towards drunken females.
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Eric Cole, who had already served jail terms for sex attacks, admitted putting his hand down the girl's trousers as she stood in her garden.
During a hearing in 2007, Judge Julian Hall told him: 'In criminal terms, what you did was quite mild', before giving the 71-year-old a suspended sentence.
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A man has walked free from court after pleading guilty to the rape of a 12-year-old girl.
The taxi driver had the impression that the victim was about 20 years old.'Once at the flat, after some time, you paired off and you and the victim engaged in sexual intercourse.'She left the next morning.