A man who was once found guilty of raping a 13-year-old schoolgirl at Dalkeith Country Park in Midlothian, Scotland, in 2018, has had his conviction quashed. Sean Hogg, who was 17 at the time of the attack, had his sentencing revoked due to new guidelines for individuals under the age of 25, instead receiving 270 hours of unpaid work in April 2021. Hogg’s lawyers had previously argued that there had been a misdirection of the jury in Lord Lake’s decision, leading prosecutors to step back from the case altogether.
The Crown Office accepted that Lord Lake had made a mistake in his directives to the jury and ultimately ruled that the verdict should be quashed. Even though prosecutors believed that there was still ample evidence to convict Hogg of the crime, they decided that a retrial was not in the public’s best interest. Lord Lake stated that if Hogg had committed the crime when he was over 25, he would have received four to five years in jail; however, new Scottish sentencing guidelines had required Lake to prioritize rehabilitation.
Charity groups, including Rape Crisis Scotland, criticized Lord Lake’s decision not to give Hogg jail time, which despite being noisy, did not lead to a retrial. Following his conviction, Hogg was put under supervision and added to the sex offenders register. Although Hogg’s conviction has been revoked, his supervisory status may still remain.
Hogg, as of current writing, has been cleared of his previous charge, leading to a new conversation on what constitutes proper sentencing guidelines for individuals who commit crimes while under the age of 25
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