Guilty of sexual assault of a 6 year old girl - but no consequences

[feministfairy]

Do the rights and safety of little girls in Scotland matter so little to the judiciary? This defies belief:

www.thetimes.co.uk/article/student-guilty-of-sex-assault-on-girl-6-will-not-be-punished-rpzdx6bmv?shareToken=a5f3f8d4d214df63fa3b4d0f4323ea4c

@LassWiTheDelicateAir I changed my name as someone else was using "Lass".

I know only the basics of criminal law. I don't understand this, nor how the Crown can say there is no basis for an appeal.

The girl could raise a civil action for damages.

The girl could raise a civil action for damages.

I think this is what all women and girls are going to have to start doing.

Out of interest Margarita, can you pursue a civil claim against someone who is under 18? Or if they are now an adult, but committed the tort when they were under 18, can you then?

If yes... And you win the civil case and are awarded, say, 100k, and the teenager doesn't have any money or assets, does the parent have to pay?

A person under 18 is liable for their own negligence and acts and can be sued. A parent has a duty to take reasonable care to see that their child does not cause harm to others.

The parents would not be liable to pay the damages unless the action was raised against them as well but an outstanding decree against him will show up on a credit report. For any one looking to enter a profession that will impact on borrowing for work, mortgage even getting a mobile phone contract.

I wonder if it was because he was aged between 15 and 17 at the time of the abuse and perhaps part of a larger abuse ring where he was forced to carry out those acts. It's the only explanation I can think of.

Even if it is true the little girl deserves justice.

Sonic, Marguerita, there would have to be some kind of legal fund available for them. Justice is basically for sale in Britain, or at least in England. Usually it goes to the highest bidder. I wonder what money was involved here?

If there were some very particular extenuating circumstances that preclude a prison sentence, I would have thought that a suspended sentence would have been more appropriate.

So he wouldn't serve time (in recognition of the situation he was in) but if he committed a further crime then the suspended sentence could come into play

Is there a petition for justice in this case?

This is terrible. WTF is going on in Scotland? . What on earth is so 'wholly exceptional' as to justify an absolute discharge for Christopher Daniel who was found guilty by a jury, but that needs to be kept secret?

The sharetoken for The Times has run out so I can't read the report and the DM one is fairly brief.

This has to make the news more widely. Has anyone been able to post this on AIBU? I can only see it reported on The Times which is behind a paywall, and the DM which has its issues.

The Times also have this www.thetimes.co.uk/article/secret-report-on-unpunished-sex-criminal-may-damage-faith-in-law-xpcsns8hs but again paywall.

stv.tv/news/west-central/1435003-family-s-fury-after-convicted-child-abuser-walks-free/

I would like Gerald Sinclair to publicly explain his decision in order to clarify why he thinks this is the correct course of action.

Without this, the family are not given justice, public perception of the justice system is damaged, and people will be wondering if there are more sinister connections at play. This is not good for the perception of justice.

Here's a share token for the Times article mentioned:

www.thetimes.co.uk/article/secret-report-on-unpunished-sex-criminal-may-damage-faith-in-law-xpcsns8hs?shareToken=db19f7768b4f8da9e9d46bdc5e0bbf76

Christopher Daniel who was found guilty by a jury, but that needs to be kept secret?

The reports do not mention a jury. Cases only have a jury if processed under solemn procedure. Many Scottish criminal cases which would have a jury in England are processed under summary procedure without a jury. I can't tell definitely here which was used.

Interestingly the Times have removed the comments under the article. I saw nothing untoward and the case is now completed so they are evidently under some pressure. The paper does have an excellent reputation for challenging alleged miscarriages of justice and inappropriate secrecy by the courts so hopefully the journalists will be challenging this?

I wonder if the dental school will take any action against him, surely working with potentially vulnerable patients goes completely against their practices?

www.thescottishsun.co.uk/news/3815496/christopher-daniel-guilty-discharge-irvine-welsh-kt-tunstall-calls-student-punished-sexually-abusing-six-year-old-girl/

Isn't there something in court process/law about justice not just being done but having to be seen to be done?

The General Dental Council have no power over student Dentists. Only when they qualify and apply to the register.

Does anyone have a sharetoken or review of the full version of this article:

www.thetimes.co.uk/article/curiosity-caused-christopher-daniels-abuse-of-girl-6-sheriffs-ruling-reveals-m0tfw5qbt

The overview is:

"A student who repeatedly abused a six-year-old girl acted out of “inappropriate curiosity” and not sexual gratification, a sheriff’s ruling has revealed."

Two solid years of "inappropriate curiosity". But he didn't enjoy it so that's ok.

Sets a ridiculous bar for conviction if "enjoying it" has to be proved in sexual offences.

Once might have been curiousity, but two years of assaults? 🤯

2 years of curiosity REALLY
FFS

WTAF?

So much anger at that article

“In light of the evidence as to the immaturity of the accused, and the nature of the discussion during which he admitted his actions, the Sheriff considered the offence to be the result of an entirely inappropriate curiosity of an emotionally naive teenager rather than for the purpose of sexual gratification. Over 2 sodding years.

“The complainer had appeared both noticeably immature and socially awkward, features confirmed by other evidence in the case. It was fortunate that the complainer appeared to have suffered no injury or long lasting effects.” Is this a typo or are they saying that the victim aged 8 was noticeably immature?

The report claimed the Daniel had suffered “considerable opprobrium” had been temporarily suspended from his university course and had since been diagnosed with epilepsy. Epilepsy doesn't cause sexual abuse, fucking idiots.

The court report praised Daniel’s parents, stating: “The accused’s family were clearly a caring and supportive one who the sheriff considered would, in light of his verdict, wish to provide whatever support was necessary for their son.” Ah well, nice parents, better let the son get away with sex crimes against minors then...

Who’s the victim here FFS