Sex attacker escapes jail term

Police made a DNA match with Mackenzie

A teenager who committed a sex offence against a nine-year-old girl has escaped a jail term after a psychologist said he was not a paedophile.

Craig Mackenzie, 19, was described as "sexually naive" but not someone who was attracted to children, his lawyer Mhairi Richards told a judge.

She said he had grown up a lot since the offence was committed, almost two years ago, and was now in a steady relationship.

Mackenzie of North Kessock, in Inverness, had earlier pleaded guilty to a charge of lewd and libidinous behaviour at another house in the city in August 1999.

You now have a relationship with someone else and the risks are maybe far less than one may think

Lord Penrose

When he appeared for sentence at the High Court in Edinburgh on Friday Lord Penrose told him he had admitted a very serious offence and, in the ordinary course, there would be no alternative to custody.

But the judge said background reports which suggested there was only a low risk of Mackenzie re-offending had persuaded him not to do that.

"Society generally will benefit best if very careful steps are taken to ensure that you come to appreciate the full nature of the conduct you indulged in."

Lord Penrose continued: "It is clear your position has changed significantly. You now have a relationship with someone else and the risks are maybe far less than one may think."

Mackenzie will not be jailed

Mackenzie was put on probation for two years with a warning that if he was in any more trouble he would be locked up.

At the earlier hearing the court was told that Mackenzie and the girl had been left alone together when the offence happened.

Later that evening the girl's mum noticed she appeared very agitated and did not want to go to bed.

When asked what had happened she told her mother a man had been touching her.

Mackenzie at first tried to say the youngster was lying but forensic samples taken from her clothes matched his DNA.

His name has now been added to the sex offenders' register.