A 21-year-old who avoided jail after being found guilty of raping a 13-year-old girl because of new sentencing guidelines which meant he was ‘too young’ at the time is now challenging the conviction in court.

Sean Hogg, 21, was found guilty of raping a teenage girl at Dalkeith Country Park in Scotland, when he was 17. Judge Lord Lake said he had to take Hogg’s age into account when sentencing him, meaning he avoided jail and ordered to carry out 270 hours of unpaid work.

Hogg has now instructed his legal team to challenge the conviction.

Hogg’s sentencing sparked outrage among those in the legal and political profession, with Rape Crisis Scotland’s CEO Sandy Brindley describing the sentencing as “worryingly lenient given the gravity of this crime’’.

Hogg’s teenage victim was left “inconsolable” after her rapist was spared jail but given a community sentence.

She said “I feel like I’ve let her down and he’s got a few weeks picking up litter.”