A Dundee rapist who had unprotected sex with a 12-year-old girl was jailed for 27 months on Tuesday.
Callum Rae, 21, was caught by police after fleeing from a house in the city wearing only socks, and told officers: “She lied about her age.”
A judge at the High Court in Edinburgh heard that the victim had said that Rae would have thought she was 16 at the time.
Lord Beckett told Rae: “In law, this is the crime of rape even although you did not know she was 12.”
The judge said he accepted that Rae was not forceful or coercive and has expressed remorse.
Defence counsel Victoria Dow said it was “quite an exceptional case on its facts” and added: “There is still an opportunity for change at his age.”
Rae earlier admitted sexually assaulting the girl and raping her at a house in Dundee on May 15 2019 when she was aged 12.
He also admitted failing to turn up for a hearing at the High Court in Glasgow on August 21 this year.
The court heard that Rae had previously communicated with the girl through social media.
She had met up with a 16-year-old girlfriend and both drank vodka before meeting up with Rae and going back to his house.
Rae, then aged 19, took part in consensual activity with the 16-year-old before asking the 12-year-old if she wanted to have sex and having intercourse with her.
The girl later told her mother that she had sex with a 19-year-old and police were contacted.
The girl identified Rae from a batch of images she was shown and officers went to a house in a bid to trace him.
Advocate depute Jane Farquharson QC said: “On their arrival the accused ran out of the rear door of his property wearing only socks on his feet.
“He ran through the local housing estate chased by police officers. He was apprehended and arrested.”
She said that Rae suffered a foot injury during his flight bid and was taken to Ninewells Hospital for treatment.
Ms Farquharson said: “In the waiting room at accident and emergency he told police officers ‘that wee girl lied about her age so much, man’.”
Rae, who followed proceedings via video link from Polmont young offenders institution, was jailed for 21 months for the child sex crime and a further six months for failing to appear at court earlier this year.
Lord Beckett also ordered that he be kept under supervision for a further two years and that he be put on the sex offenders register for 10 years.
