Assault Med For Depression 04/12/2009 Scotland 26 Year Old Man Assaults 16 Year Old Girl Summary:

Paragraph 18 reads:  "He had attempted suicide by an overdose and was taking medication for depression at the time of the offence."

Paragraph 16 reads:  " 'Jim Stephenson, defending, told the High Court in Edinburgh Smith wanted to apologise to the victim.  'He cannot believe he carried out these acts,'  he said. '


http://news.scotsman.com/scotland/Rapist-such-a-risk-that.5886765.jp


Rapist such a risk that he'll be under watch until he dies

By JOHN ROBERTSON

A MAN who held a schoolgirl captive for seven hours and then raped her was given a life sentence yesterday.
Ryan Smith, 26, snatched the teenager off the street and kept her in his home overnight. She was allowed to leave after giving him a kiss.

A judge was told that Smith, from Saughton, Edinburgh, had been assessed as posing a "very high risk" to the public and to women in particular.

He had earlier admitted abducting, assaulting and raping the 16-year-old girl on 8 February.

The girl had never met Smith before, but they had a mutual friend and she was in a group that was at his flat that night.

The men were drunk and there was a row between Smith and one of the others in the street. The girl was walking away from the scene when she heard Smith say: "You're dead."

He grabbed her by the neck and pushed her against a hedge, and then dragged her into his flat.

Neil Beardmore, prosecuting, said: "She was crying and trying to break free, but was unable to do so. It was about midnight … there was no-one passing in the street."

Smith threw the girl on to a bed, and lay down beside her. He put his hand over her mouth when someone came to the door, and then indecently assaulted her.

She repeatedly told him to stop and hit him, but he bit her on the arm.

"He would alternate between making threats and being apologetic," Mr Beardmore said.

"This continued throughout the night and she considered trying to escape but was afraid of what the accused might do if he caught her. She was continually in fear of her safety and her life."

At about 7am, Smith raped the girl, as she pleaded to go home and was crying and shaking.

As he allowed her to leave, he told her she would be "battered" and "killed" if she told the police.

The girl revealed what had happened to a friend, and the police were contacted.

Mr Beardmore said she had suffered nightmares and now feared sleeping alone or going out alone.

Jim Stephenson, defending, told the High Court in Edinburgh Smith wanted to apologise to the victim. "He cannot believe he carried out these acts," he said.

The court heard Smith had an alcohol dependency and had received treatment at the Royal Edinburgh Hospital.

He had attempted suicide by an overdose and was taking medication for depression at the time of the offence.

His criminal record included convictions for fireraising, and serious assault against a woman.

The judge, Lord Brailsford, ordered that Smith must serve a minimum of seven years before he could apply for parole.

He imposed an order for lifelong restriction, and said Smith required treatment for underlying psychological problems.

"An order for lifelong restriction is the only means the court has of ensuring you will not be released until such time as the risk you pose has been evaluated as being at an acceptable level," Lord Brailsford said.

If and when Smith is released, he will remain on licence for life and be liable to be recalled to custody.

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