A brave rape survivor has spoken of her disgust after a sex beast who targeted a 13-year-old girl was spared a jail sentence due to his young age.
Roni Smith, who was attacked when she was just 16, is calling for mandatory jail time for people convicted of serious sexual assault following the shocking case of Sean Hogg.
The 21-year-old, from Hamilton, was 17 when he pounced on and raped his young victim at Dalkeith Country Park, Midlothian, in 2018. Despite being found guilty, Hogg was allowed to walk free from Glasgow High Court after being ordered to perform 270 hours of unpaid work earlier this month.
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He was placed under supervision and added to the Sex Offenders Register for three years. Roni, from Kirkcaldy, Fife, has now branded Hogg’s sentence “disgusting” and said rapists should be punished properly regardless of their age at the time of the offence.
Her own attacker was 18 when he raped Roni. He also raped another woman and was jailed for five-and-a-half years in January. Speaking to the Record, Roni, 18, said: “Sean Hogg's case has really sickened me.
“What kind of message does that send to young men? It’s basically giving them the green light to do whatever they want because if they’re young enough, they could basically get away with it.
“But it shouldn’t matter what age they are. If you’re old enough to do something as horrific as that to another person, then you’re old enough to face the consequences which should be guaranteed jail time.
“My attacker was 18 when he raped me and thankfully he got sent to prison. It does make it easier for me to try and move on, even if his sentence was nowhere near long enough.
“I’d have been breaking my heart if he got off with unpaid work. I just don’t know how the judge could have let this happen. It’s absolutely appalling."
Ronnie added that she believes Hogg's young victim has been badly "let down".
She continued: “My heart is breaking for her that little girl. She has been so badly let down by the justice system.
“It’s a truly disgusting way to treat any victim, never mind one who was raped at such a young age. People who have been raped have to go through so much to even get the case to court in the first place.
“There’s interview after interview, swabs and all kinds of examinations to prove what we’re saying. Then there’s the whole trial and having to relive it over and over again.
“This is all after you’ve had to find the courage to report it in the first place. It’s terrifying. This girl was just a child who is going to have to carry this with her for the rest of her life. She could bump into him on the street at any time.
“She should be starting her life and looking forward to the future but now she’s probably going to be terrified, wondering what’s going to happen next. I can only imagine what she’s going through.”
Passing sentence on Hogg, Judge Lord Lake said he did not believe prison time would contribute to the first offender’s rehabilitation. He added: “Rape is one of the most serious crimes and that is why it is tried at the High Court.
“Looking at the circumstances - her age and vulnerabilities are aggravating factors. For the level of seriousness, I have to consider your liability and have regard to your age as a factor.
“This offence, if committed by an adult over 25 you attract a sentence of four or five years. I don't consider that appropriate and don't intend to send you to prison.”
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Scottish Labour justice spokesperson Pauline McNeill has also questioned the sentence handed to Hogg. She said: “Like thousands of other Scots, I was deeply concerned to hear that a rapist did not receive a custodial sentence for his heinous crime.
“As a society we must have zero-tolerance for violent sexual crimes against women and girls. It is simply wrong that someone who commits such a vile crime is not seriously considered for a custodial sentence.
“We need answers now from the Scottish Government over whether ministers approved of the guidelines which led to this individual receiving a community payback order.”
A Scottish Government spokesperson said: “Courts in Scotland have wide sentencing powers to deal robustly with those who commit serious sexual offences. Across all age groups, 98% of rape convictions resulted in a custodial penalty between 2018 and 2021.
“Decisions on sentencing in individual cases are taken by the independent court taking account of any relevant sentencing guidelines produced by the Sentencing Council.”
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