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A youth who had unlawful sex with an 11-year-old girl walked free yesterday after a court was shown graphic content from the girl's Bebo site.
Dylan Murray, 16, escaped custody after a sheriff was shown scantily clad images of the girl and highly sexual language used by her on the social networking site.
Perth Sheriff Court was told that the case was 'depressing' because it involved such a young girl being involved in inappropriately adult behaviour.
Advocate Ronnie Renucci, defending, said: 'Although she is only 11 she seems to be very much more mature for her age. It is very clear from these photographs she does not appear as an 11-year-old.
'It would be very difficult for anyone to think that girl was only 11, far less a boy who was only 15 at the time. The complainer in this case appeared significantly older than her 11 years.
'This is a somewhat sensitive and slightly unusual case. It is an unfortunate, and on one view quite depressing, case, having regard to the age of the complainer and the nature of the charge.
'If the complainer had been the same age as him, which is what he thought at the time, the matter would not have been reported to the police. It was only because of her age that it was.
'It only came to the attention of the authorities because the complainer was concerned she may be pregnant and spoke to her project worker.'
Mr Renucci told the court that his client did not look any older than 16, in contrast to his victim, who described herself as a 'banging baby' on her web page.
He told the court that the girl had also managed to down two litres of cider, without appearing to be overly drunk, before agreeing to have sex with his client.
'This is not a case where there was no consent. It wasn't a case where he had gone ahead and forced himself on the girl. He asked if she wanted to have sexual intercourse and she agreed to that.' Mr Renucci said Murray believed the girl was the same age as him, and handed three website pictures of the girl - one captioned 'tits oot' - to Sheriff Michael Fletcher.
'Children seem to experiment younger. He was initially charged with rape. That came as a very big surprise. It has been a shock and a steep learning curve.'
The court was told that the incident had caused no negative impact upon the complainer, who cannot be named for legal reasons.
Murray, 16, of Churchill Road, Kinross, admitted having sex with a girl who was under the age of 13 in Kirkgate Park, Kinross, between 1 September and 31 October last year.
He had sex with the primary school age girl - who was described as 'not an average 11-year-old' - after meeting her at a youth club.
Fiscal depute Alan Kempton told the court: 'The accused was 15 at the time. He attends school and stays with his family. The complainer was 11 years of age at the time.
'The offence relates to sexual intercourse on a single occasion. She does look significantly older than 11 years of age. There is no evidence of any previous relationship between them.
'At 8pm the accused asked the complainer to go for a walk and thereafter asked her for sexual intercourse to which she said yes,' Mr Kempton said.
'Both made their way to a secluded area in the park and had sexual intercourse. The accused wore a condom during that.'
The court was told that on 18 October the girl told someone that she was worried she might be pregnant because her period had not started as expected.
'The matter was reported to sexual health workers who carried out a pregnancy test which confirmed she was not pregnant.
'Due to the age of the complainer the situation was reported, both to her mother and the police. She was contacted but declined to submit to a medical examination due to embarrassment.
'The accused was interviewed and admitted having had sexual intercourse with the complainer. He indicated that he believed she was older than she was.'
Mr Kempton said: 'She had a matter-of-fact perspective about the incident and indicated she would not have informed anyone about it but for the fact she thought she was pregnant.'
He told the court that there had been no social work involvement with the child prior to the incident, but added that she was now being monitored by social workers.
Sheriff Michael Fletcher told Murray: 'I hope you realise this conduct has got you into serious trouble indeed. The maximum penalty for this is ten years imprisonment.'
However, he said that taking several factors into account, including Murray's age at the time, he could avoid sentencing him to a period of detention.
Murray was placed on probation for two years and will have his details added to the Sex Offenders Register for the same period.
Tags: youth, unlawful, sex, graphic, inappropriately, Sex, Offenders, Register, under-age, adult, behaviour, content, bebo, social, highly, sexual, networking, site, girl, boy, sexual,
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