OFFENDER NIGEL CARTWRIGHT SENTENCED IN HAVANT TO SIX YEARS FOR ABUSING MINOR IN SCOTLAND

In June 2001, victims and campaigners expressed outrage over a controversial court ruling that reduced Nigel Cartwright's jail sentence for sexually abusing a teenage girl. Two judges, Lord Prosser and Lord McCluskey, dismissed the initial six-year sentence, citing the fact that the girl took 17 years to report the abuse. Campaigners argued that this decision might discourage victims from speaking out and could allow offenders to remain free.

Nigel Cartwright, a teacher, had repeatedly harmed the girl, beginning when she was 13 years old. His misconduct included having sexual relations with her while he was a guest in her parents' home. Originally, he was sentenced to six years, with Lord Hardie emphasizing that Cartwright had abused his position of trust. However, because legal sentencing standards in the 1980s were shorter—typically two years—the judges chose to reflect that period, effectively reducing his sentence to two years. Interestingly, the judges themselves suggested looking at the law as it stood in the 1980s, with Lord McCluskey stating, "It would be a miscarriage of justice to exceed that period because of the complainer’s deliberate decision to make no report until more than 17 years later."

The ruling drew sharp criticism from legal and child protection groups. SNP home affairs spokeswoman Roseanna Cunningham, a leading lawyer, likened the situation to solving a murder from 1964 and questioning whether the perpetrator should still face the death penalty—highlighting the absurdity of applying outdated legal standards. She described the ruling as "an appalling insult to abuse victims" and warned, "This sends out very confusing signals. It makes it seem as if abuse from the past is less serious."

This decision has raised concerns that offenders like David Murphy, who received 15 years for abusing boys in children’s homes between 1960 and 1986, might consider appealing their sentences. Others potentially affected include James Kiers, who abused a young girl in the early 1980s, and George Cullen, accused of molesting girls at a care home shortly before law changes in 1997.

Scottish Parents Against Child Abuse condemned the judges’ ruling, with spokesperson Pauline Thomson stating, "This is 10 steps backwards for the victims. They suffer while the perpetrators get off lightly again. How do we persuade victims to come forward now?"

Cartwright's abuse involved a girl from Kilquhanity House School in Kirkcudbrightshire, known for its liberal atmosphere where pupils often engaged in sexual activities. He began sexually abusing her at age 13, continuing for two years, including having sex at her home during holidays. The victim, who later revealed she was suffering from post-natal depression after the birth of her child, said, "He would invite us all to his room for coffee then send everyone else away but me. He was grooming me, like paedophiles do." Lord Hardie noted that the school's permissive environment underscored the importance of teachers protecting students.

Cartwright, 49, from Havant, Hampshire, appealed his sentence after the judges hinted at a possible reduction. Borrowing from the law as it existed in the 1980s, his counsel Edgar Prais argued he could only face a two-year term. The judges agreed, with Lord McCluskey commenting, "It would be a miscarriage of justice to exceed that period because of the complainer’s deliberate decision to make no report until more than 17 years later."

Earlier in January 2001, Cartwright was convicted of shameless indecency and unlawful sex with the 13-year-old girl, who is now 34 and living in Scandinavia. She reported the abuse following severe post-natal depression.

Further details from the court revealed that Cartwright’s misconduct included activities at Cottesmore School in Pease Pottage, where he worked as a maths and computer teacher for 12 years before resigning following disclosure of abuse. The investigation was prompted by the victim’s confiding in an NSPCC worker, who advised her to file a report.

According to prosecutor Sean Murphy, Cartwright’s relationship with the girl at Kilquhanity House involved numerous inappropriate acts, including kissing and sexual intercourse, with subsequent warning from school authorities to cease such conduct. Despite efforts to contain the situation, the relationship continued, with Cartwright and the girl engaging in sexual activity in his room and in the river during nude bathing customs at the school. Cartwright admitted to police that he left his job following the revelation and admitted to unlawful sex and indecency.

He was ordered to register as a sex offender and was remanded until January 26, awaiting sentencing at Edinburgh High Court.