Mansfield teen who raped 12-year-old girl spared prison

The defendant, who was 16 at the time, ejaculated inside the girl after they had consensual sex, and she then told her teachers because she feared falling pregnant.

He told the girl he wanted to have a baby, but her parents persuaded her otherwise, said prosecutor Caroline Bray.

When he was interviewed by police, he said he thought she was 15-years-old, but text messages between the pair revealed he knew her true age.

James Horne, mitigating, said he was critical of the way the case had been handled by the Crown Prosecution Service, and delays of more than two-and-a-half years meant his client would be sentenced as an adult, and lose his automatic right to anonymity.

"Had he been convicted at 16 within weeks of his confession he would have been prosecuted at the Youth Court," he said. "He has crossed a vital legal threshold."

Mr Mr Horne said the defendant had been diagnosed with attention deficit hyperactivity disorder (ADHD), suffered mental health difficulties and had "tried to commit suicide on a number of occasions."

"A non-custodial sentence may be the most suitable sentence," he added.

He said guidelines for the sentencing of children and young people for sexual offences laid down special criteria for defendants who are "young or immature," suffer from "mental health concerns" and are the product of an unstable upbringing.

The defendant, who we have chosen not to name in order to protect the identity of the victim, pleaded guilty to raping a child under the age of 13.

On Thursday, Judge John Burgess told him the delay was partly caused by police investigating other potential offences committed by him, but it has had "a massive impact on this case and on you."

He imposed an 18-month community order with 25 rehabilitation days.

He said: “I believe that this case demonstrates the crucial importance of dealing with cases that involve defendants who are very young and child witnesses in a proper and expeditious fashion.

"Young people in these circumstances should take priority.

"Decisions need to be taken quickly.”

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