Parents of 5yr old boy who claims teenager raped him want case re-examined .

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A 5yr old boy from Irvine , Ayrshire claimed in May 2018 that a 13yr old boy sexually assaulted him .                                  

The 5yr old boy was out playing whilst his mum watched him from her window .She turned her back for a moment to find that he had disappeared from sight .

She ran frantically shouting his name to find him with the teenager leaving a wooded area .

The 5 yr old told his mum that the teenager -who the boy knew - had allegedly exposed himself and allegedly carried out a rape .

The 5yr old’s mum phoned the police .The police arranged for video and forensic evidence to be taken.The police also obtained a statement from the alleged attacker .

The 5yr old’s family found out that the teen would face no charges when it was posted on Facebook . 

The childs Mum then arranged to meet with the Procuracor Fiscal and her Depute .At this meeting it was explained that the decision not to charge him was based solely on his age .The procurator Fiscal also informed the mum that due to the sufficient evidence the case was passed to the children’s reporter .

The family feel let down by the Justice System. They feel that the 13yr old should have been charged  as the Scottish Law does say that children over 8yrs can be charged with rape in a court .The family also feel that he should also be placed on the sex offenders register to help prevent future offences .

The 13yr old alleged attacker is still in a mainstream school whereby parents are oblivious the alleged attack in the 5yr old boy .

The family have sought legal advice to undertake a private prosecution , but based on recent court outcomes of similar cases they have been informed that justice for the victim is very unlikely.

The victim’s family are now pleading with the public to  help overturn the Procrator Fiscal’s decision to allow justice to prevail for the 5yr old boy .

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