COMMENTING upon the absolute discharge granted to Daniel Cieslak for the rape of a 12-year-old girl your correspondent Sarah Nelson (Letters, March 22) makes no distinction between what is strictly legal and what is just. Not only did Mr Cieslak think that the victim was over 16 but so did all witnesses, including the police, who came across her in the early hours of the morning in Edinburgh city centre. Mr Cieslak thought her to be about 20.

Mr Cieslak had no possible reason to suspect that Miss X was under 16 and as she appears to have willingly participated in their sexual union, with no suggestion of coercion, it would be very harsh indeed to punish him for what was an unfortunate error of judgement.

If ever there was a case which justified the discretion of the judiciary and discredited the use of mandatory sentencing, it is this one. Given all the circumstances surrounding this case, the judge, Lady Scott, got it absolutely right.

Jim Meikle,

41 Lampson Road, Killearn.