June 2009 Man jailed for sex with schoolgirl aged 13 A SHERIFF jailed a pervert who twice had sex with an under-age girl despite his solicitor saying he would be “cannon fodder” in prison. Linlithgow Sheriff Court heard that diminutive Mike Duncan, 24, had been involved in a sexual relationship with the girl. He became aware that she was actually only 13 years old and he insists at this stage that he tried to break off the relationship. However, defence solicitor Ian Bryce said when this “proved difficult” he tried to put himself in a situation where they couldn’t have sex. But the court heard that he “ultimately failed to do that” and on March 21 last year he twice had sex with the girl. Last week Duncan, from Knightsridge, Livingston, pleaded guilty to the offence. Mr Bryce said Duncan was someone who was emotionally and physically immature. Mr Bryce added: “He doesn’t present as someone who is predatory in tracking down young girls. “Because he is immature he feels more at home with people of a younger age. “It is significant that this offending took place in a relationship and no coercion was involved. “He has not behaved appropriately — there is no doubt about that — but there are not the sinister undertones you can get in cases like this. “It does seem clear that a custodial sentence is not going to rectify what problems led him here today. “He would, frankly, be cannon fodder in a prison environment. “He does express regret about what happened. “He took some steps to resolve this, but he didn’t follow these through.” But Sheriff Thomas Ward said Duncan was aware of what he was doing and had no option but to jail him for four months. Sheriff Ward said: “The person that requires to be protected in this particular case is a 13-year-old girl. “You were perfectly well aware on March 21, 2008, that this girl was only 13 and you had sexual i ntercourse with her. “You were not a teenager – you were 22 at the time – and you obviously knew what you were doing was wrong and illegal but you had sex not once, but twice with a 13-year-old. “I have considered all the reports but I am satisfied that the only way to deal with you on this particular charge is by a period of imprisonment.”