Three Years For Man Who Had Sex With Disabled Girl

A FAMILY man who had sex with a handicapped girl at a New Year party was jailed for three years today.

An earlier trial heard how the girl’s shocked mum – who cannot be identified – walked into a bedroom to see what Marek Mierzwa was doing.

Mierzwa, 29, fled the house in West Lothian after telling other guests he thought he was in bed with his fiancee.

He claimed he was so drunk he did not know what he was doing – and has not touched a drop since, the High Court in Edinburgh heard today.

A jury cleared Mierza of rape but found him guilty of having sex with a girl protected by law because she is incapable of giving consent.

The girl was 16 years old at the time but only had the mental abilities of someone much younger, the court heard. She did not give evidence at Mierzwa’s trial.

Jailing him, judge Roger Craik QC said if Mierzwa had been convicted of rape the sentence would have been six years.

He continued: “The jury must have thought you were very drunk at the time of commission of this offence and were probably not fully aware of what you were doing.

“Presumably that is the reason for the jury finding the rape charge against you not proven.”

An earlier trial heard how Mierzwa, of Falkirk, went to the Hogmanay party in 2007 with his partner and their two-month-old child.

When he became drunk and aggressive and started smashing glasses he was put into the same room as the girl, to sleep it off on a chair.

The girl’s mother said she had no idea that he was there or who had put him there – until she walked in.

She said that because of what happened her daughter had changed from being a cheerful child to being unable to sleep and being scared of everyone who came into the house.

Solicitor advocate John Scott, defending, described Mierza as a “loving family man” who has not touched alcohol since January 1, 2007.

“Mierzwa is as sorry as he possibly could be about what he did,” he added.