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A babysitter who molested a three-year-old boy was allowed to walk free from court because he was still a youth.

The paedophile, 17, who cannot be named for legal reasons, was found guilty of sexually assaulting the toddler.

Liverpool Crown Court heard he was 14 when he masturbated next to the victim and touched him with his penis.

However, he was cleared of raping the child on three occasions, as the infant could not be sure this happened.

The victim’s distraught mum said she had viewed the boy like a big brother to her son and was sickened he took the case to a trial and forced her child to give evidence.

Ben Jones, prosecuting, said the offence was aggravated by “the abuse of trust”.

He said the mum feared they might encounter the pervert out in public and considered moving home.

Judge Steven Everett said the unrepentant teenager was “still in denial”.

Katy Appleton, defending, said he tried to commit suicide and needed help.

She said he was due to start an apprenticeship and urged the judge not to lock him up.

Judge Everett said the jury were sure the pervert molested the toddler “on pretty compelling evidence”.

He said: “For reasons that are utterly unclear and there can be no reasonable explanation, you decided to use him in a sexual way.

“I would rather hope you are certainly old enough to appreciate just how wrong what you did was.

“The time is going to have to come when you face up to what you did.”

The Crown Prosecution Service originally decided not to prosecute the teen, but this decision was appealed and overturned.

Under sentencing guidelines, judges must aim to prevent young criminals offending, but also consider their welfare.

Had he been an adult, the teen would have faced a sentence starting at four years in jail.

However, without the rape charges, his case would have been dealt with by a youth court, where the maximum sentence is two years’ detention.

Judge Everett also had to take into account the three-year delay and the fact he was only 14 at the time.

He said he could impose 12 months’ detention, with six months in custody and six months on licence, but the public would “lose out”.

The judge instead gave the teen a three-year youth rehabilitation order, with three years of “intense supervision”.

He handed the boy a six-month home curfew, between 8pm and 7am, and a 91-day rehabilitation activity.

Judge Everett also made an indefinite restraining order to protect the victim and his mum.

He said: “They at least must have the limited comfort of knowing you are well and truly out of their lives.”

The paedophile must sign on the Sex Offenders Register for two and a half years.

Judge Everett added: “It’s your age which has saved you from going through the door at the back of court.”