Judge Charles Macdonald QC heard Petrie’s only brush with the law had been a reprimand for stealing a bicycle.
Thomas Daniel, defending, said it did not take a great deal of imagination to understand why the girl thought Petrie was only 15.
“He does not look his age or necessarily act it,” said Mr Daniel. “He lied about his age out of embarrassment. He is most ashamed.
“She accepted she initiated sexual contact. He says he knew it was wrong and should have stopped it. His mother says she still can’t see what he did wrong. There was no grooming or planning.”
Mr Daniel submitted that a probation report recommendation for a suspended sentence could be followed. It stated Petrie might not be able to cope in custody.
Judge Macdonald said: “The law exists to protect children. It doesn’t really matter what the complainant’s attitude was.”
throughout but, of course, no consent in law.”
He added: “There is clearly some mitigation here. You are of good character and I accept you are remorseful.
“More importantly, I am satisfied there is in your case, partly because of a difficult background, a lack of maturity which has affected your responsibility for this offence to some extent.
“They remain, nevertheless, serious offences. The law exists to protect her from this.”
The judge said he had decided that because of Petrie’s immaturity he could go outside the range of sentences, but added it had to be immediate custody.
Petrie’s name will appear on the sex offenders’ register indefinitely and he was barred from working with children or vulnerable adults. A sexual offences prevention order was made.
