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Judge dismisses all charges against man who had sex with 12-year-old girl because she looked older than 16

By Mason White 1:53 PM March 24, 2017
Judge and Daniel Cieslak
Judge and Daniel Cieslak
By: Emily Lewis

A child rape suspect walked out of court a free man after the judge determined that the girl looked older than 16 years of age, according to court documents in Scotland.

21-year-old Daniel Cieslak of Edinburgh, was arrested on a charge of rape after having sex with a 12-year-old girl, following a night of partying.

Cieslak met the girl while waiting for a taxi. He asked the girl and her friend how old they were, and they said 16 and 17 respectively.

Cieslak then invited the girl to a party, where he had sex with the 12-year-old girl.

The following morning, the 12-year-old girl told her sister that she was worried about getting pregnant, and the sister called the police.

Cieslak initially pleaded guilty to a charge of rape as a 12-year-old girl is unable to consent to sex. He then appealed to the High Court, saying that the girl looked much older than her age.

The judge heard from a taxi driver, who saw the girl that night that he believe the girl to be 20 years old. Several police officers also testified that they believed the girl to be well over 16 years old.

After reviewing video surveillance footage, the judge ruled that a reasonable person would conclude that the girl was over the age of 16 and therefore, no consent would be required.

The judge dismissed all charges against Cieslak.