BBC:-A man who admitted raping a 12-year-old girl has walked free from court.
Daniel Cieslak, 21, had believed the girl – who he met in a taxi queue in Edinburgh in July 2015 – was 16. He burst into tears when police later revealed her true age.
The judge, Lady Scott, said she was taking the “wholly exceptional decision” not to sentence Cieslak.
Instead, she gave the first offender an absolute discharge at the High Court in Glasgow.
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 the criminal culpability here.”
Student Cieslak, who was 19 at the time of the offence, had earlier pleaded guilty to the rape charge.
The court heard that the girl had travelled to Edinburgh on a Friday in July with her 13-year-old friend, where they met more friends and bought vodka.
In the early hours of the following morning, police searching for another girl who was missing spoke to the 12-year-old in Princes Street.
Prosecutor Kath Harper said officers had not noted her details “as they were not concerned by her age”.
At about 04:00, the girl and her friend met Cieslak and one of his friends in a taxi queue.
The victim said she was 16 and her friend was 17. The taxi driver later said he thought the girl was 20.
Cieslak then invited them to a party at his friend’s house, where he had sex with the 12-year-old.
The court heard she left the next morning, and there had been no suggestion of her being distressed.
The offence came to light days later after the girl told her sister she was “extremely worried” she could be pregnant.