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.
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.
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.'
Murray was placed on probation for two years and will have his details added to the Sex Offenders Register for the same period