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A man has walked free from court after pleading guilty to the rape of a 12-year-old girl.
Lady Scott took the “wholly exceptional” decision to grant Daniel Cieslak an absolute discharge at the High Court in Glasgow on Friday.But the judge said there were “a number of exceptional circumstances” which applied.She said: “Although the factual absence of consent is not an ingredient of the offence, it is a material factor for the purposes of sentencing.Accordingly, it is very unlikely the Crown could prove a crime had the victim been over 13 years of age.” Cieslak became distressed when he was told the age of the victim by police officers and has dropped out of a college course, Lady Scott said.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.Sex chat online is very popular with people in India nowadays.