A MAN who was convicted of raping a 13-year-old has been acquitted by a judge.
Sean Hogg, 22, dodged jail in April after he was found guilty of raping the girl on various occasions in 2018, when he was aged 17, at Dalkeith Country Park, Midlothian.
He was spared jail by Judge Lord Lake at the High Court in Glasgow and was instead given 270 hours of unpaid work, although he said if Hogg was over 25, he would have been sentenced to four or five years behind bars.
His lack of jail time sparked outrage after it was deemed he was too young to be sent to prison - which was branded "unduly lenient" by prosecutors.
But his appeal to overturn his conviction was successful after a judge ruled in his favour at the Court of Criminal Appeal in Edinburgh.
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The judge ruled there was insufficient evidence as she acquitted Hogg and prosecutors admitted “mistakes were made” during his trial.
Hogg smirked as he left court and refused to comment, telling gathered reporters: "I'm not saying nothing."
Lady Dorian said: “There was an insufficiency of evidence and the inevitable result of this case must be acquittal.”
Prosecutors also said Hogg will not face a retrial.
Solicitor General, Ruth Charteris KC, said: “It is not in the public interest to seek a new prosecution.”
Speaking on behalf of the woman who claims she was attacked by Hogg, lawyer Aamer Anwar said: “When she went to the police she had a hope for justice.
“When the jury returned the verdict of guilty she thought that she could finally move on with her life.
“While she appreciates that very senior judges have come to his decision after very careful consideration, nonetheless that does not take away from the feeling of devastation and knowing that there is now no hope of closure.
“My client will remain ever grateful to the police who carried out a robust investigation. My client wants to thank the jury for doing its duty.
“However my client has a question for the justiciary, the Government and Lord Advocate.
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“She asks is there anyone who will say that it was never the intention of sentencing building for under 25s to mean that convicted rapists could escape imprisonment.
“My client's grandmother has said they have been left to pick up the shattered pieces of their granddaughter's life.
“They feel they were left in the dark by the Crown but now they must protect their granddaughter whose life has been turned back six years to when she was 13.
“It is clear that the trial judge misdirected himself and in doing so misdirected the jury.
“The appeal was ground on procedural unfairness. It is always the responsibility of the trial judge to formulate the appropriate legal directions to give a jury.
“In this case, the procedures adopted were manifestly unfair and prejudicial to the defence and on this basis the appeal had to succeed.
“My client believes in jury trials for rape and serious crime. She feels that fifteen ordinary men and women are best placed to decide innocence or guilt.
“To conclude it is important for my client that at court today and in my meeting with the Solicitor General the Crown did not renounce the right to prosecute should new evidence become available.”
Ms Charteris added: “I know the complainer's experience of the criminal justice system has been very difficult.
"I have offered to meet with her and her family if that would be helpful to them.
“The Crown will seek to learn any lessons it can from this case as we continue to work to transform the way we prosecute sexual offences.”
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