A Dundee man with profound learning difficulties is unlikely to face jail for raping a 13-year-old girl.
Robbie Thompson had non-consensual sex with the youngster at a gathering in the city’s Whitfield area in August 2020.
The 20-year-old was deemed unfit to stand trial, leading to an Examination of the Facts hearing at Dundee High Court earlier this year.
The case continued in Thompson’s absence at the High Court on Stirling on Wednesday.
A judge heard the extent of Thompson’s learning and mental health difficulties were more severe than first thought.
Compulsion order
Defence advocate Gillian Ross said experts who had assessed her client had recommended a compulsion order, meaning instead of being sent to jail Thompson could be ordered to stay in hospital for treatment.
“Matters have moved on in respect of Mr Thompson’s difficulties,” she told the court.
“When the case was first presented to me, he was someone who had a significant learning disability and there was no treatment available for that.
“And on that basis, it was suggested that a guardianship order would be an appropriate disposal.”
She added: “Having now read three background reports, it appears that Mr Thompson’s mental health difficulties are more far reaching than we first thought.
“The direction of travel now seems to be moving towards the suggestion of a compulsion order – although we are not quite there yet.
“Such an order would take into account all of his difficulties, the serious nature of the offence and the risk of re-offending.”
She asked for the case to be adjourned for further assessments.
Ms Ross explained Thompson was not in court after he was mistakenly told he did not have to attend.
“There had been some confusion over whether his attendance was excused on the last occasion,” she said.
DNA evidence
At the previous hearing, Judge Brown ruled Thompson did act as libelled on the indictment.
The accused was placed on the Sex Offenders Register.
He was 18 when he raped the youngster on August 15, 2020.
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.
The next hearing will take place on August 23 at the High Court in Glasgow.
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.
