HMA v KEVIN STOLAREK

At the High Court in Paisley Lord Burns sentenced Kevin Stolarek to 20 months imprisonment after he pled guilty to rape.

12 September 2013

On sentencing Lord Burns made the following statement in court:

“You’ve pled guilty to a charge of rape and I have had careful regard to the background circumstances here.  I take into account that you have a sexual relationship with the complainer in this case and even though that sexual relationship came to an end, you remained friendly with her and relied on her and that that relationship resumed as a sexual one on one occasion prior to this act in December and for that reason the circumstances of the rape can be viewed in a more lenient light than would otherwise have been the case. 

However, notwithstanding that, you knew as at the date of this offence, she did not want a sexual relationship.  And during the course of the time that you had sex with her, she repeatedly said no and told you to stop and you proceeded nonetheless.  That is obviously an example of rape and you accept that.  It also constitutes a breach of trust and a violation of the rights of your former partner and this is an act that I have come to the view that must be visited with sentence of imprisonment being the only appropriate sentence for the circumstances of this case. 

Having said that, there are powerful mitigating factors which your counsel advanced today. You have no previous convictions and have been of good behaviour all your life.  You have a good employment record and the circumstances of this offence itself provide mitigatory circumstances because not least of which is the fact that you were, I accept, in a state of emotional turmoil brought about by the very serious illness of your sister who has subsequently died and I accept that that was made worse by the fact that that sister acted in the role as mother to you for many years.  I also have regard to the fact that you have shown genuine remorse from the very act itself that constitutes the crime that you carried out and that is shown not only by the fact that you said at the time that you were sorry to your former partner but you yourself took the highly unusual if not unique step of reporting this matter to the police.  And it is further shown by the fact that you have pled guilty by section 67 notice in these proceedings.

While I do not accept the social work report recommendations that you are in need of supervision post-release because I do not consider that you represent a serious risk to harming the public on release.  I accept that there is, as the report finds, you are at a low risk of re-offending and I also take account of the fact that you are on the sex offenders register, you’ve lost contact with your children, you’ve lost your employment and your accommodation. 

I take all those factors into account and in all the circumstances, I am able to view this as a crime at the bottom end of the range of rapes that come before these courts.  And in these circumstances, the headline, the starting point for your sentence, I have calculated at 2½ years, and I will reduce that by full 30% to 20 months imprisonment and that is the sentence of the court that I will impose.”