Man who raped Scottish schoolgirl could receive lenient sentence due to his age

A man was convicted of raping an underage girl in a classroom during lunch break while he was a student.

Zineelabibine Abbood forced his victim to undergo a trial and now justice activists fear he could receive a lighter sentence due to his age when he goes on trial next month.

The 21-year-old, who was 16 in November 2019 when the attack took place at a Glasgow secondary school, could be spared a prison sentence under controversial sentencing guidelines for under-25s. The case is reminiscent of that of Sean Hogg, who was spared a prison sentence for crimes he committed when he was 17, sparking a public outcry.

Hogg, whose conviction for the rape of a 13-year-old girl was later overturned, was initially given community service as back pay under sentencing guidelines amounting to 270 hours of unpaid work.

The family of the victim in Hogg’s case warned that Abbood could avoid prison under the same rules.

One said: “Rape is rape, regardless of age, and perpetrators should be punished accordingly.”

“Letting young offenders get away with a slap on the wrist does not serve justice for the victims, nor does it have a deterrent effect on others.

“The justice system tries to protect these child abusers from prison, but what about the life sentence that the victim has to endure?

“We have been let down and if offenders under the age of 25 continue to receive lenient sentences, there will be many more victims struggling with the horrific torture they have endured.”

It took four years for the rape case to come before the High Court in Glasgow, and Abbood denied the allegations against him.

Jurors heard that Abbood and the young girl had initially played guitar in music lessons.

He tried to claim that the girl initiated the sexual act, but prosecutors alleged that Abbood raped the girl, biting, pulling and groping her until she sustained injuries.

They said he harassed them with requests for sexual acts – and then insisted on “showing” her.

Deputy Solicitor Ruaraidh Ferguson questioned him about the teacher who had come into the classroom.

Mr Ferguson said: “She said when she entered (the girl) was visibly upset, with red eyes and a swollen face, and it was believed she had been crying for some time.”

Abbood told the court that he assumed the victim was “fine” even though he “wasn’t paying attention to her face” at the time. He claimed the victim had consented several times. However, the jury did not believe him and convicted him of rape.

Judge Thomas Welsh KC agreed to maintain Abbood’s bail until sentencing in Edinburgh on 14 June.

It is believed that the case has been delayed due to the Covid pandemic.

The new sentencing guidelines, which came into force in January 2022, aim to put rehabilitation rather than punishment at the forefront when sentencing young offenders.

This means that rapists like Abbood could receive shorter prison sentences than if he had been over 25.

In 2021, the Scottish Sentencing Council recommended an “individualistic approach” for under-25s that takes into account their life experiences, saying the proposed changes would help reduce reoffending rates.

The Council said its decision was based on scientific evidence that the brain is not fully developed below this age.

Hogg was initially convicted in 2018 of raping a woman at Dalkeith Country Park in Midlothian.

In April last year, in light of the sentencing guidelines, he was ordered to complete 270 hours of unpaid community service.

The judge had examined the Scottish Government’s sentencing guidelines and concluded that a prison sentence would not contribute to his rehabilitation.

Lord Lake said Hogg would have received a four or five year prison sentence if he had been over 25.

Following Hogg’s conviction, prosecutors announced that they would appeal the “overly lenient” sentence and schedule a hearing.

However, his conviction was overturned in October following an appeal to the High Court of Appeal in Edinburgh after judges concluded that the evidence was “insufficient” to convict.

Hogg’s conviction was overturned after Judge Lord Lake mistakenly instructed the jury that the victim’s “distress” seen by a witness in connection with a second alleged attack by the defendant could provide the key evidence required.

We previously revealed how Hogg had changed his identity and was living in Hamilton under the name Sean Kay.

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