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Man who raped girl, 13, in Dundee was unfit to stand trial

Robbie Thompson appeared at the High Court in Dundee.
Robbie Thompson's evidence was heard at the High Court in Dundee.

A Dundee man raped a 13-year-old girl at a gathering in August 2020.

Robbie Thompson, who has learning difficulties, was found to have had non-consensual sex with the child at an address in the city.

Thompson, 20, was found unfit to stand trial.

However, an examination of the facts hearing took place at the High Court in Dundee instead.

Judge Brown said he was satisfied the “accused did the act” as libelled on the indictment, ordering Thompson to register as a sex offender with the police.

Thompson was found to have raped the youngster on August 15 2020 in the Whitfield area of the city.

He was 18 at the time.

The court heard from forensic scientist Gary Nolan, who examined evidence after the rape took place.

He determined DNA found on the inside of Thompson’s boxer shorts matching the profile of the victim ended up on the fabric after Thompson had committed a sexual act on the child.


What is an examination of the facts?

If an accused is unfit to stand trial, through reason of insanity or other mental or psychological affliction, then an examination of the facts hearing will take place before a judge.

No jury is selected, meaning it is the judge or sheriff who hears the evidence and no formal verdict is recorded.


‘Satisfied’

Judge Brown said: “The court has to be satisfied the accused did the act which constitutes the act of rape.

“Doctor Conway (who gave evidence) found genitalia injuries he agreed appeared consistent with a blunt force (trauma) which showed evidence of penetration.

“DNA on the boxer shorts of the accused was consistent of the view vaginal intercourse had occurred.

“I am entirely satisfied the accused did the act.”

He added: “Examination of the facts will be continued.

“I will excuse the attendance of the accused.

“The accused is now subject to notification on the sexual offences register.”

An end of the hearing will determine what punishment or restrictions other than being a registered sex offender Thompson will face.

The next examination of the facts will take place in eight weeks time, at the High Court in Glasgow.