By Mark Mackay

THE SCOTTISH Parliament has heard a call for a change in the law following the conclusion of a sexual assault case at Perth Sheriff Court.

On Wednesday, Rikki Tainsch (24) escaped a jail sentence after admitting abusing a 15-year-old girl.

Tainsch, from Creagalmond, Tibbermore, was placed on probation for three years and ordered to carry out community service.

However, it was the defence solicitor’s plea in mitigation that appalled Perth MSP Roseanna Cunningham.

Defence lawyer Ian Smith told Sheriff Lindsay Foulis the girl was not a vulnerable person.

He said she had been scantily clad, dressed as if “for the dancing,” adding “there was a suggestion the girl had been sexually active before.

He told the court, “She was behaving as if she was over 16 and she looked older.”

In response, Ms Cunningham lodged a motion in parliament condemning the comments and calling for action to be taken.

“I was utterly appalled to read of the arguments used by the defence lawyer in this case.

“Sadly, however, I am not surprised,” said Ms Cunningham.

“This case underlines much of what is wrong with the way in which our legal system deals with rape and sexual offences.

“To use as mitigation the way in which a 15 year old girl was dressed or to question her sexual history should be absolutely unacceptable.”

She added, “No wonder so many victims of sexual crimes are unwilling to report their experiences to the police if this is the sort of treatment they can expect should the case come to trial.

“There are fundamental flaws in the way in which our system deals with sexual crimes and how it treats victims in such cases.

“I will be writing to the Lord Advocate, the Solicitor General, the justice minister and the Law Society of Scotland about this case because I want to know what action will or can be taken both against the lawyer in question and to stop the use of this sort of defence in court in the future.

“There can be no excuse for rape or sexual assault. The law must recognise that.”

Perth Sheriff Court heard Tainsch spotted his victim, who cannot be named for legal reasons, as she walked towards Perth town centre with a 16-year-old friend.

After charming the pair into his car, he drove them to his home where he plied the younger girl with alcohol and engaged in sex acts her.

In response to Mr Smith’s defence, Sheriff Foulis said that while the pressures and influences of modern society encouraged young people to act like adults they were still children.

He said legislation was in place to protect them from predators such as Tainsch.

Ms Cunningham’s motion calls upon the Scottish Parliament to:

Condemn the comments made by defence lawyer and temporary sheriff Iain Smith in a recent sexual assault case in Perth Sheriff Court in which he used the clothing worn by the 15 -year-old victim and reports that she may have been sexually active to claim “she was not vulnerable” as part of a mitigation plea for his client.

Note that the use of comments such as this by representatives of the legal profession is unacceptable and contributes to Scotland’s low rates of prosecution in cases of rape and sexual assault.

Recognise the Scottish Government’s campaign to change the attitudes toward rape and sexual assault, in particular to challenge the view that rape or sexual assault can be justified by the way a woman or girl behaves, her previous sexual activity or the clothing she is wearing.

Urge the Scottish legal profession to take action to ensure the use of such a defence or mitigation plea is no longer acceptable.