Youth acquitted of raping girl in school’s toilet

A jury at the High Court in Livingston took just 45 minutes yesterday to return a majority verdict of not guilty.

The 15-year-old youth was told by Judge Lord Jones that he had been acquitted and was free to leave the dock.

He said: “By the decision of the jury you are discharged from this assize and you’re free to go.”

The youngster had denied raping the girl twice during the school lunch hour in February 2011 when they were both aged 13. He had lodged a special defence of consent and said in evidence that the girl had been a willing partner.

Neither the pupils nor the Edinburgh high school where they were in second year can be named for legal reasons.

Earlier the jury had heard closing statements, and were told by advocate depute Alison Di Rollo that what happened between the two pupils was “a million miles away from a consensual sexual encounter”.

Urging the jury to return a guilty verdict, she said the female pupil – who is now aged 15 – had repeatedly said “no” when the accused asked her for sex.

The pupil – who cannot be named for legal reasons – broke down in tears as she gave evidence about the incident from behind a screen.

Solicitor advocate Paul Haran, defending, told the jury they were being asked to pass judgement on a “very, very difficult case” in which the accused was a child accused of an extremely serious offence.

He said: “My client chose to give evidence and opened himself up to some very tough professional cross-examination.

“He was crystal clear that what went on in the toilet was consensual. What he described rings far more true. He’s not proud about what he did. I’m sure he’ll not be daft enough to do something like that in a school toilet at lunchtime.

“It doesn’t make him some evil sexual predator. She wasn’t a virgin. She was someone who’d had sexual intercourse, someone who had a boyfriend.

“She didn’t want her boyfriend to find out.

“She confirmed having been brought home by the police before and that her parents assaulted her.

“She told a single lie the next day that brought us all here. That started this whole ball rolling when she told a classmate that she’d been raped.”

He went on: “She spoke of being ashamed. She cheated on her boyfriend and perhaps she was afraid of what her parents might think.

“She goes and sees a friend and tells him ‘I’ve done something bad’ so she makes a decision to tell a lie to try to avoid the fears that she has.”

The boy, who has now moved to another secondary school in the Capital, declined to comment as he left the court.

The judge thanked the jury for performing an important public duty and for the obvious care and attention they had paid to the case.

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