A 21-year-old man who admitted to raping a 12-year-old girl has walked free from a Scottish court, as reported by Mirror Online.
In 2015, Daniel Cieslak plied the unnamed victim with vodka before raping her, court records indicate. She believes he had sex with her while she was unconscious but the presiding judge, Lady Scott, ruled that she engaged in “consensual sexual activity” in which she was an “active participant.” This is despite the fact that he pleaded guilty to a charge of raping a girl under the age of 13 at the High Court in Glasgow in February.
Judge Lady Scott also agreed with Cieslak when he said, in court, that he believed the victim to be 16-years-old, and not 12, according to Huffington Post.
“For what it is worth my impression from viewing the victim on the CCTV footage on assessment by appearance that the victim was over 16 years of age would be a reasonable one,” she said. “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 criminal culpability here.”
“I discharge you absolutely.”
The rape victim penned a letter about her ordeal, in which she disclosed that she tried to kill herself after the incident, according to the Daily Record.
“I had passed out in the living room then I remember him picking me up, and then waking up in a bed,” she wrote. “It was said that I consented but how can someone consent when they can’t even talk?”
“I suffer from anxiety, depression, I take tablets to help me sleep. I even tried to commit suicide because I was barely holding it together.”
The girl, who is now 14, also said that she was “devastated” that Cieslak walked free.
Her mother spoke to reporters and expressed grief that her daughter would see no justice for the atrocity committed against her.
“[She] passed out over a coffee table. He lifted her off the floor on to a sofa and raped her,” she said. “A 12-year-old girl.”
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