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A teenager who avoided jail after raping a five-year-old girl was not given an “unduly lenient” sentence, the Government’s senior legal adviser has ruled.

Attorney General Jeremy Wright reviewed the case of the 17-year-old Burbage rapist following a public outcry.

He said the judge at Leicester Crown Court was right not to jail the teenager as “priority should be given to rehabilitation”.

The victim’s mother said she is “truly heartbroken” and “disgusted” by the decision.

Almost 18,000 people had signed an online petition set up by friends of the victim’s family to call for a tougher sentence.

The mother said: “After almost 18,000 signatures and a lot of emails to the attorney general, they have decided his sentence was not ‘unduly lenient’.

“He said they had to take into account his age and his emotional development and vulnerability. Never mind his age, what about the victim’s age and her vulnerability?

“He raped a five-year-old little girl and they’re telling me that attending a youth offending programme for two hours a week is punishment?

“I can honestly sit here hand on heart and say I will never be reporting anything to the police again and I will deal with things my own way now.”

At Leicester Crown Court on November 6, the teenager, who cannot be named for legal reasons, was given a two year youth rehabilitation order with a requirement to attend the sex offender programme, a victim surcharge of £15, put on the sex offenders register for two and a half years and placed on the barring list.

He admitted to the rape of the girl at a hearing in September

The attack occurred in December 2014 when the boy, who was 16 at the time, and the girl were playing on a computer console in his bedroom. He began kissing the girl and took her clothes off before raping her. He told her it was ‘their secret’.

In severe pain after the ordeal, the girl revealed all to her mum who contacted the police.

She said: “It has been a year since the incident and we have gone through so much for this outcome.

“I am truly heartbroken and disgusted. But thank you to everyone for their amazing support towards myself and my family through this awful time.”

A spokesman for the Attorney General’s office said: “Following a number of referrals, the Attorney General Jeremy Wright, QC, MP, carefully considered the papers in this case and concluded the Court of Appeal would not find the sentence to be unduly lenient.

“The sentencing judge was required to take into account a number of other factors, including the defendant’s age and his early admissions of guilt.

“When sentencing youths, judges have to follow guidelines which indicate priority should be given to rehabilitation and a custodial sentence must be imposed as a measure of a last resort.”