DANIEL CIESLAK WALKED FREE IN LEITH AFTER RAPE OF 12-YEAR-OLD GIRL IN EDINBURGH

In a highly controversial and distressing case, a man named Daniel Cieslak, aged 21, from Leith, was recently acquitted and given an absolute discharge after admitting to the rape of a 12-year-old girl. The incident took place in Edinburgh in July 2015, and the court's decision has sparked outrage among victims' advocates and the public alike.

According to court records, Cieslak believed the young girl, whom he met in a taxi queue in Edinburgh city centre, was 16 years old at the time. The girl, who was only 12, had traveled to Edinburgh with her 13-year-old friend on a Friday night. They spent the evening socializing, meeting other friends, and purchasing vodka. It was during the early hours of the following morning that police, who were searching for a missing girl, encountered the 12-year-old in Princes Street.

Prosecutor Kath Harper explained that the police officers did not initially note the girl’s age because they were not concerned about it at the time. Around 4 a.m., the girl and her friend encountered Cieslak and one of his friends in a taxi queue. The girl claimed she was 16, and her friend said she was 17. The taxi driver, who was questioned later, believed the girl was approximately 20 years old.

Subsequently, Cieslak invited the girls to a party at a friend’s flat. It was at this gathering that he engaged in sexual activity with the 12-year-old girl. The court heard that she left the following morning, and there was no indication that she was distressed during or after the incident. The case only came to light days later when the girl confided in her sister, expressing her concern that she might be pregnant.

In a surprising legal move, Lady Scott, the presiding judge at the High Court in Glasgow, decided not to impose any punishment on Cieslak. Instead, she issued an absolute discharge, a ruling that does not constitute a conviction but may be considered if the offender commits another offence in the future. Lady Scott explained her decision by stating, “I do not consider there is any need for, or public interest in, punishment. To do so would be disproportionate given the nature of the criminal culpability here.”

Adding to the controversy, a 12-year-old girl who was raped expressed her devastation and emotional suffering after the court’s decision. She revealed that she has attempted suicide following the ruling, which she described as a devastating blow. The girl, now 14, recounted her traumatic experience, stating that she had been drinking vodka and cherry cola with her friend when she passed out on a couch. She believes that Cieslak, then 19, had sex with her while she was unconscious.

She further explained that she remembers waking up in a bed after passing out and has since been plagued by flashbacks and images from that night. The girl suffers from anxiety and depression, taking medication to help her sleep. Once a confident and happy child, she now feels forced to fake a smile and has even contemplated ending her life due to the emotional scars left by the incident.

Her mother expressed her anger and frustration over the court’s decision, stating, “I don’t think it sank in for [my daughter]. She asked me, ‘What happens now mum?’ I told her, ‘Basically nothing, darling.’ She asked, ‘So he’s just walked free?’” The mother insisted that what happened was not consensual, emphasizing her belief that her daughter was a victim of a serious crime.

Lady Scott justified her ruling by asserting that Cieslak genuinely believed the girl was over the age of consent when he engaged in sexual activity with her. She pointed out that the trio had agreed to go to a party at a friend’s flat, and during the taxi ride, Cieslak was told the girls were 16 and 17 years old. The taxi driver also believed the girl was around 20. The judge highlighted that police officers, who had spoken to the girl earlier, showed no concern about her age at that time.

Lady Scott explained that the reason for the absolute discharge was based on her assessment that Cieslak’s belief in her age was reasonable, and that the girl’s willingness to go to the flat and engage in sexual activity indicated consent. However, it is important to note that children under 13 are legally deemed incapable of giving consent, making the case even more contentious.

The victim’s mother expressed her outrage, stating, “I don’t think it sank in for [my daughter].” She recounted her daughter’s feelings of guilt and confusion, and her own anger at the court’s decision. Meanwhile, Cieslak, who was visibly distressed during his arrest and interview, was seen crying and holding his head in his hands. Lady Scott acknowledged his emotional reaction as evidence that he genuinely believed the girl was over 16, which influenced her decision to avoid punishment.

As a result of the ruling, Cieslak was not required to register as a sex offender, a decision that has further fueled public criticism and concern over the justice system’s handling of such cases.