A Scottish schoolboy who raped a sleeping 15-year-old girl escaped being locked up today after a judge told the sex attacker he was clearly "a vulnerable young man" and put him on probation for three years.

A Scottish schoolboy who raped a sleeping 15-year-old girl escaped being locked up today after a judge told the sex attacker he was clearly "a vulnerable young man" and put him on probation for three years.

Lord Malcolm told the rapist at the High Court in Edinburgh: "There is no question that you have pled guilty to a very serious offence. Any rape will have a major impact upon the victim."

"Normally such an offence will carry a custodial disposal, but I am satisfied that there are exceptional circumstances present in your case which lead to a different outcome," he said.

The judge said: "It is far from the usual type of rape case that comes before this court."

The teenager, who cannot be identified for legal reasons, was aged 14 when he carried out the assault on his victim, but is now 15 .

He had earlier set up his X-Box so that the victim and another girl could view a DVD and was invited to watch it with them.

The girl fell asleep during the film and woke to find the teenager on top of her with his hands on either side of her.

She pushed him off and ran to a bathroom at a house in Carluke, in Lanarkshire, following the assault in April last year.

Her attacker followed her and said: "I'm sorry. I didn't know what I was doing. Don't tell anyone."

But the girl later arrived home crying and in a distressed state. She later revealed she had woken to find the teenager on top of her "doing things". Her father contacted police.

When officers went to his home they were informed he had run away and been reported as a missing person. Efforts to trace him were unsuccessful, but he later returned home and was taken to Lanark police station by his parents.

The teenager was interviewed by police in the presence of his mother and said he moved the girl's clothing to the side and had sexual intercourse with her.

He said he believed she was asleep and that she woke up as he was getting off the top of her. He stated he did not know you could do this to a female.

His understanding of rape was when a woman was taken away somewhere against her will and forced to have sex, the court heard.

The victim felt disgusted and was physically sick when she was told it was beleived she may have been raped by him.

Following the assault she was unable to sleep on her own and shared a bed with her sister.

The teenager earlier admitted assaulting and raping the girl while she was asleep and incapable of giving or withholding consent.

Defence counsel Frank Gallagher said the accused was a "young man with learning difficulties".

Lord Malcolm said he took into account the age of the teenager at the time of the offence and that reports prepared on him showed he had a mental age of "at best in the region of eight years old".

A clinical psychologist was unable to be sure that he would have understood the nature of consent in relation to sexual activities.

The judge said the first offender has also been assessed as posing a low risk of reoffending.

Lord Malcolm said that but for the more or less immediate indication from the teenager that he had intercourse with the victim it seemed possible that it might not have come to light.

The judge ordered that as part of the probation order he should attend sessions with a psychologist, as required.

He warned that if he failed to conform with the order or offended again he would be liable to be brought back to the High Court for sentence on the rape.

Lord Malcolm told him: "You will now be given a lot of assistance from a variety of skilled professional people. It is very much in your best interests to fully comply with all they require of you."

The teenager was placed on the sex offenders' register and an order was made placing an obligation on his parents to ensure of his compliance with its requirements until he reached adulthood.