A child rapist with dementia has been placed on the Sex Offenders Register but spared further punishment after a judge ruled she could not jail him.
Ivan Clunie, 67, was found to have groomed and raped two children in Perth between 1992 and 2008.
However, Clunie was deemed unfit to stand trial after being diagnosed with dementia.
Judge Lorna Drummond QC heard evidence from Clunie’s victims during an examination of facts and determined he was responsible for the attacks.
She said: “I heard evidence in this case in your absence.
“I was satisfied beyond reasonable doubt that you committed these sexual acts.
“There are no grounds for acquitting you.
“These are very serious sexual acts.
“They include multiple rapes of two young women committed over a 15-year period.
“You have systematically groomed these two young women for your own sexual gratification.
“I have read the victim impact statements and it is absolutely clear to me that your actions have caused enduring harm to both.
“I had absolutely no hesitation in believing the evidence they gave to this court.
“It was utterly compelling.
“For these reasons I reached the view I did that you committed these sexual acts.”
Court hears of child rapes
The High Court in Dundee heard first attacks were carried out against a child when she was just six years old.
The second victim was 10 when she was targeted by Clunie.
He was found to have raped the first girl on various occasions after her eighth birthday and continued to rape her for almost six years.
The second girl was first raped when she was 14 and Clunie continued to repeatedly sexually assault and rape her until she was in her 20s.
During the examination of facts, both women told how Clunie had befriended them but subjected them to threats after the abuse began.
The court heard how police had also been asked to consider imposing a sexual offences prevention order on Clunie.
However, the order would be unworkable because of Clunie’s condition.
Judge Drummond QC added: “I am just not entitled, as a matter of law, where you have been found unfit to stand trial but where you have committed these acts, to send you to jail.
“I do not make any order.”
Clunie, of Primrose Crescent, Perth, was placed on the Sex Offenders Register for five years.
What is an examination of facts?
Where an accused is deemed unfit to stand trial, an examination of facts can be held.
A judge, sitting without a jury, will hear the evidence presented by the Crown and defence in the normal manner and make a determination based on this.
