The man known as the Da Vinci Rapist is to serve another year in prison for breaching his licence after being freed from a ten-year jail term.
• Rapist had been spotted in area from which he was banned.
• Parole board could Greens in custody for longer.
Robert Greens, 35, had been ordered to stay out of the home town of his former wife, but he was seen there by an off-duty policeman.
A judge was told that the incident had not been “a return to offending” by Greens, and that he had merely been looking for his sister.
It was also said that since being freed in January last year, Greens and his family had been subjected to threats, attacks and vandalism but he had not responded.
Lord Mackay could have ordered that Greens be returned to jail for up to nine years, but chose to impose a one-year period.
Greens pleaded guilty to raping a 19-year-old Dutch student on 15 May, 2005, at the road between the villages of Roslin and Rosewell, Midlothian.
The victim had been spending a gap year in the UK. She decided to visit Rosslyn Chapel - which featured in the best-selling novel “The Da Vinci Code” by Dan Brown - but got off the bus early because the weather was fine and she wanted to walk.
The teenager became lost and did not arrive at the chapel until 4:45pm by which time it was closing. She walked through Roslin Glen and then along the B7003 road, heading to Bonnyrigg where a friend lived.
Greens, who had been drinking and smoking cannabis, drove past the woman before pulling in at a lay-by and walking back towards her. He grabbed her and threw her down a steep embankment. She described him as “hissing” at her, and he struck her repeatedly to the face. She said she realised she was going to be raped and, in fear of her life, she decided to stop screaming and fighting. She had been beaten so badly that a passing motorist who later found her at the roadside thought she had been hit by a car.
Lord Mackay, branded it a “brutal” attack and he jailed Greens for ten years to be followed by seven years of supervision.
Under the sentence, Greens would be in prison or on licence for a total of 17 years, and if he breached the licence, he would be taken back to court for a judge to decide how much of the balance of the sentence should be served in prison.
Committing another offence is a breach of licence, and earlier this month Greens admitted a charge of infringing a sexual offences prevention order (Sopo) by entering Penicuik, Midlothian, where his former wife and members of her family lived, on 24 October.
The defence solicitor-advocate, Simon Collins, said Greens had planned to support his brother at a court appearance that day and arranged to go with his sister. However, she was not at home when he called, and he went looking for her and entered Penicuik, although he knew he was banned from the town.
“He was not returning to any form of offending. In his ten months at liberty, there were high-profile media campaigns and protests outside his house. A large number of incidents were reported to the police including threats and attacks on him and his family and vandalism. He did not react and respond to these as perhaps he may have done,” said Mr Collins.
He argued that the judge could make no “return order” in the circumstances.
Lord Mackay said he took into account the explanation for the incident, and the difficulties Greens may have faced since his release.
“Having regard to the importance I placed on the extended period of licence...I have decided I should make an order of one year from this date,” said the judge.
Greens has yet to be sentenced by a sheriff for breaching the Sopo, and any period of custody will be consecutive to the one year. When the terms are completed, the parole board will still have to sanction his release and may keep him in custody for a further period.