A MAN reported for raping a child was given a caution instead of being taken to court.

The attack on the boy, who was younger than 13, was reported in February last year but the offender was not prosecuted.

Sussex Police took the same approach with 25 other sex crimes reported between April and November, including assaults on men, women and children, figures obtained under the Freedom of Information laws showed.

In the last five years the force issued 221 cautions which included 77 for sexual offences against women and girls over the age of 13. The majority were given to adults and 33 were handed out as youth cautions to children aged 17 and under. These included three for rapes of girls younger than 13 between 2014 and 2016.

It is understood the rape victim, who endured the attack more than a decade ago, did not support prosecution and while statistically it was correctly recorded as a rape, the caution the force issued was for indecent assault.

Katie Russell, of charity Rape Crisis, said it was “hard to imagine” circumstances where issuing an adult with a caution for rape would not be “wholly unacceptable” and called for a review.

Fabia Bates, director of Brighton-based Survivor’s Network which supports rape and abuse victims, said: “It seems impossible to me that an adult could be found guilty of raping a child and be given a caution.”

She queried how anyone could be given a caution for sexual violence but said more information was needed to understand how police decide if a caution is the most appropriate form of action. She was keen to know how the victim is involved in the discussions and if they support the decision.

Detective Superintendent Jason Tingley said cautions for the most serious offences were only used in “exceptional circumstances”.

He said: “We take all offending behaviour very seriously. Cautions aim to deal with offenders outside the court system in appropriate circumstances.

“The response to each case is dependent on a range of factors including the nature and circumstances of the offence, the welfare and views of the victim, whether there had been a clear admission of guilt and the ages of those involved.

“It is also important to recognise a caution is a legitimate criminal justice outcome, with real sanctions attached.

“In cases such as this it includes being placed on the Sex Offenders’ Register and the resulting risk management that follows.

“It can also have long-term implications, such as notification on pre-employment checks.

“We also have a scrutiny panel who assess the use of out-of-court disposals.

“This panel includes magistrates, defence solicitors, the Crown Prosecution Service and youth offending teams.”