Soldier who raped teenager spared jail due to life-limiting condition

But in his sentencing remarks, Lord Arthurson said: “It is not at all clear to me that the necessary intensive specialised care can realistically be provided in a prison estate.

“In any event, the very real question arises if it would be in the public interest to impose a custodial sentence as it would transfer the burden of care from a nursing home offering specialised care to the prison authorities.”

After considering all background material – including a consultant neurologist’s report – the judge decided to instead impose a three-year community payback order on McKenna.

This requires him to remain and be supervised at his current nursing home. He was also put on the sex offenders list.

The High Court in Glasgow heard that the 13-year-old had been on holiday with her family in the Highlands in 2020.

She was alone in a tent when McKenna – then a lance corporal with 3 Scots – came in and stood close to her. He then pinned her down, lay on top of her and raped her.

Prosecutor Gordon Lindhorst said the girl tried to fight McKenna off, but she was stopped from kicking out or moving.

Lindhorst said: “He told her to stop crying and screaming as well as to shut up. He said if she told anyone, he would do it worse.”

The girl eventually managed to escape but did not tell her mother, who noticed that she was “exhausted and drained”.

She only revealed what had happened to her in January 2022.