Rapist gets reduced sentenced for attack on schoolgirl under SNP rules

Fury as rapist, 19, gets reduced sentenced for attack on schoolgirl under SNP rules: Teenager who preyed on child, 12, lured her to park then attacked her is jailed for just three years because he was 18 at the time of the offence

• Myles Harris was 18 when he raped a girl, 12, at Gala Policies park in Jan last year
• Judge told High Court Edinburgh that to expect longer sentence if he were older

A teenage rapist who preyed on a 12-year-old schoolgirl and then attacked her in a Scottish Borders park has been handed a reduced sentence of just three years under SNP rules.

In a move which sparked political fury, Myles Harris, who was 18 when he assaulted a girl at Gala Policies park in Galashiels, in the Scottish Borders, in January last year, was given up to a year-and-a-half years off his sentence as he was not an adult.

Judge Lord Scott told Edinburgh High Court that Harris could have expected to receive a longer term in prison had he not been just so young at the time of the offence.

He said if Harris been older at the time of the offence, he could have been sentenced to serve up to a year-and-a-half longer in jail.

Under new court guidance, criminals under the age of 25 are treated more leniently because of their alleged brain immaturity.

Myles Harris was 18 when he assaulted the girl at Gala Policies park in Galashiels, in the Scottish Borders, in January last year. Judge Lord Scott told the High Court in Edinburgh (pictured) that Harris could have expected to receive a longer term in prison had he not been just so young at the time of the offence

The guidelines were drawn up by the controversial Scottish Sentencing Council (SCC), which was set up by the SNP Government in 2015 – a year after Nicola Sturgeon became First Minister – and led by Lady Dorrian, the Lord Justice Clerk.

As the rapist was 18 at the time, the judge handed him a more lenient sentence.

Scottish Conservative justice spokesman Jamie Greene slammed the fact that the rules meant the dangerous rapist got a reduce sentence because of his age.

He said: ‘The public will be furious to learn that a dangerous criminal got more than a year off his sentence for the horrific rape of a 12-year-old simply because of his age.

READ MORE: Scottish rapist who avoided jail despite attacking girl, 13, in park moves home after fury over decision not to lock him up, court hears

‘Once again, judges cite the SNP quango’s sentencing guidelines as a reason to reduce their sentence.

‘We must hold dangerous adult criminals accountable for their appalling crimes and bring victims closure and justice.

‘The SNP must stop their soft-touch approach to justice, scrap these dangerous sentencing guidelines and prioritise victims – not criminals instead.’

The court heard Harris, who has since turned 19, had ‘no memory’ of the offence as he was heavily intoxicated at the time.

Prosecutor Craig Murray told judge Lord Scott that she left her family’s home and the pair met up in the town. She was sexually assaulted by Harris soon after.

After the child told her sister, her mother then contacted police.

Harris, who now lives in Canterbury, pleaded guilty to a charge of breaching section 18 of the 2010 Sexual Offences Act – the rape of a young child.

Mr Murray said Harris sent the child a text message just after 2am which read: ‘Hi, are you ok?’

The child then met up with Harris.

The prosecution said: ‘After spending some time together, they agreed to have sex with each other.’

Mr Murray said the girl confided in her family later the same day.

He added: ‘She told her sister what had happened. Her mother contacted the police.

‘She did not initially want to speak to the police but later changed her mind.’

The court heard that police later spoke to Harris who claimed he didn’t do anything wrong.

Mr Murray added: ‘He denied having sexual intercourse with the complainer.’

Defence counsel Lili Prais explained Harris had started misusing substances aged 12 and this escalated as he grew older.

She said he then fell in with a bad crowd and went on make some ‘extremely poor’ life choices, leading to the rape on January 16 last year.

She told the court: ‘He is devastated by the actions of that night. He accepts full responsibility.

‘He has no memory of the incident. He had consumed substances.

‘He no longer misuses drugs or alcohol. He is no longer associating with negative peer groups.’

Ms Prais said Harris has moved to Canterbury, Kent, to stay with his grandparents and is willing to participate in any programme the court feels could help his rehabilitation.

‘There is no better example of capacity to show change,’ she said.

Judge Scott said a custodial sentence was justified considering the seriousness of the offence.

Scottish Conservative justice spokesman Jamie Greene  (pictured) slammed the fact that the rules meant the dangerous rapist got a reduce sentence because of his age

‘You raped a child when you were 18 and she was only 12,’ he said. ‘You knew her age.’

The judge went on to refer to a victim impact assessment which said the child Harris raped continues to suffer ‘serious’ and ‘ongoing’ effects from her experience on a ‘daily’ basis.

He also told Harris that being under the influence of drink or drugs at the time of the offence made no difference to his deliberations.

‘I must make clear the usage of alcohol or drugs provides you with no excuse or mitigation at all,’ he said.

Harris, who admitted the offence and appeared in the court by video-link from custody, was told his three-year sentence would be backdated to the day he was taken into custody last month.

He was also placed on the sex offenders register indefinitely.

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