Robbie Thompson

A Dundee man, Robbie Thompson, has been found to have committed the rape of a 13-year-old girl following an Examination of the Facts hearing at Dundee High Court. The incident occurred on August 15, 2020, during a gathering in the city's Whitfield area, where Thompson, then aged 18, engaged in non-consensual sex with the youngster.

Thompson was deemed unfit to stand trial due to his profound learning difficulties and mental health conditions, leading to the special hearing earlier this year. At the continuation of the case in his absence at Stirling High Court on Wednesday, Judge Brown ruled that Thompson did act as libelled on the indictment. As a result, he was placed on the Sex Offenders Register.

Defence advocate Gillian Ross informed the court that assessments revealed Thompson's difficulties were more severe than initially thought. "Matters have moved on in respect of Mr Thompson’s difficulties," she stated. "When the case was first presented to me, he was someone who had a significant learning disability and there was no treatment available for that. And on that basis, it was suggested that a guardianship order would be an appropriate disposal."

• Experts now recommend a compulsion order, which would require Thompson to receive hospital treatment rather than imprisonment.
• This order would address his difficulties, the seriousness of the offence, and the risk of re-offending.

Forensic evidence played a key role in the case. Gary Nolan, a forensic scientist, examined samples and determined that DNA from the victim found on the inside of Thompson’s boxer shorts resulted from him committing a sexual act on the child. The case was adjourned for further assessments, with the next hearing scheduled for August 23 at the High Court in Glasgow.

Thompson did not attend the Stirling hearing due to a misunderstanding about his required presence. "There had been some confusion over whether his attendance was excused on the last occasion," Ross explained. The proceedings highlight the complexities of handling cases involving individuals with severe mental health issues in the Scottish judicial system.