The victims of a “depraved” child rapist today welcomed his nine-year jail sentence – but say the system failed them for 30 years.
John Sinclair’s brave victims first spoke to the police about his horrifying abuse in 1990 and he was charged, but for an unknown reason the case simply “disappeared”.
It was only decades later, when one of the women provided a statement to the Scottish Child Abuse Inquiry in 2017, that the prosecution was picked up again and the case came to court.
Now, the 72-year-old, who admitted a string of sickening offences including three of assault and rape, has been handed a nine-year prison sentence.
Four of his five victims – now adults – were at the High Court in Aberdeen to see him be sentenced.
They said they were pleased with the sentence, but felt the legal system failed them.
‘They said they’d lost all the paperwork’
“We’ve had to live with it for 40 odd years and he’s been walking free,” one woman said.
“There was enough evidence to put him to court in 1990 and the courts failed us.
“They’ve always protected him. When we’ve tried to enquire what’s happening they said ‘there’s data protection, we have a duty of care towards this person’.
“It feels, as victims, the courts and the system were on his side the whole way through.”
Another victim claimed crucial paperwork went missing and enquiries to the Procurator FIscal’s office hit a brick wall.
She said: “He was charged in 1990. It was the same 11 charges. I went to the fiscal’s office and gave a statement and then it just disappeared.
“It was buried, under the carpet. I tried to find out what had happened but they said they’d lost all the paperwork over the years and had no records.
“Because of their failings, he’s been allowed to live his life out of prison.
“It may have got us justice today, but the system failed us for 30-odd years.”
A spokesman for the Crown Office and Procurator Fiscal Service (COPFS) said the experience of the victims of this case was “regrettable”.
“The COPFS appreciates the impact that crime, and involvement in the justice system, has on victims,” she said.
“We work hard to support them through the prosecution process.
“COPFS consistently and successfully prosecute allegations of non-recent child abuse.
“The experience of the victims in this case is regrettable and we commend their courage in speaking out, and encourage others to come forward.”
Catalogue of abuse spanning decades
The court previously heard how Sinclair abused the children, aged between three and 13, during the 1970s and 80s in Aberdeenshire and “for reasons obscured by the passage of time” he was never prosecuted.
Sinclair, whose address was given as Alexandra Terrace, Fraserburgh, pled guilty to charges including three of assault and rape.
He also admitted assault to injury and permanent impairment, four charges of lewd indecent and libidinous practices and behaviour and three charges of assault to injury.
During the sentencing hearing, defence counsel Edward Targowski QC said Sinclair had no previous convictions.
He added: “Mr Sinclair has no recollection of the details of the offences.
“He states he was drinking heavily at that moment in his life.
“I think there were difficulties in his first marriage that caused him to drink well in excess of normal.
“He accepts that’s no excuse for what he did, but it is an explanation for it.”
Mr Targowski said his client was “aware of the extreme distress” the proceedings were having on the victims.
‘For whatever reason, no prosecution followed’
Judge Buchanan said: “Mr Sinclair was arrested, interviewed and charged with offences roughly similar to these in 1990.
“He’s had this hanging over his head since 1990.”
Addressing Sinclair directly, the judge said: “The offences to which you have pled guilty are very serious indeed.
“They involve the physical and sexual abuse of five young children.
“This was a truly shocking and depraved course of conduct which included repeated acts of rape and other behaviour of a particularly unpleasant nature and cruel and humiliating physical abuse.
“It’s clear from the victim impact statements that they have suffered serious, life-long consequences as a result of your behaviour towards them.”
The judge explained the starting point of the sentence would have been 13 years, but reduced that to 11 years due to Sinclair pleading guilty.
‘Their bravery is to be commended’
He added: “You were arrested and interviewed by police in relation to these matters as long ago as 1990 but, for whatever reason, no prosecution followed.
“In these circumstances, I’m bound to take into account the delay which has occurred between the time which you were informed by the police and charged and the bringing of this prosecution.”
Accordingly, he reduced the sentence further to nine years and made Sinclair subject to the notification requirements of the Sexual Offences Act for an indefinite period.
Throughout the hearing, Sinclair, who appeared via video link from prison, sat with his arms folded and did not react.
Aside from the delay in the case, Sinclair’s victims said they were pleased with the outcome.
One said: “We’re really happy with the sentence. I think nine years is a long, long time in his life.
‘We hope he dies in prison’
“He has been exposed for the monster and the animal that he was. He’s been exposed, he has to live with this.
“We’ll never get over this. We’ll take this to our graves.
“We hope he dies in prison.”
And the women said they hoped their story could inspire other victims of similar abuse to come forward.
They said: “No amount of sentence will be enough compared to our life sentence of horrific memories, our childhoods ripped away from us, our innocence taken by this predator, leaving us with the guilt of him being free for over 40 years to be a danger to others.
“We’d like to encourage anyone who is a silent victim feeling like we did to be brave and speak up.”
Following the sentencing, Detective Inspector Anna Johnston said: “We welcome the sentencing of John Sinclair and I would like to thank the victims in this case who assisted us with our investigation.
“The passage of time does not make these incidents any easier to talk about and their bravery is to be commended.
“I would like to take this opportunity to urge anyone who has or is being subjected to any form of abuse or harm to get in touch with the police and report it.
“We treat all reports seriously, with the utmost professionalism and sensitivity, no matter when the offence took place.
“Cases like this show that Police Scotland is determined to bring the suspects of these crimes to justice.”
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