A violent criminal who raped a schoolgirl while on the run from an open prison was jailed for a minimum of nine years today.

Robert Foye, 29, attacked the 16-year-old in Cumbernauld, Lanarkshire, as she went to pick up contact lenses ahead of the the new school term last summer.

Foye carried out the assault after being allowed out of Castle Huntly open prison near Dundee to attend an Alcoholics Anonymous meeting.

The serial offender was half-way through a nine-and-a-half year sentence for attempting to murder a policeman when he fled.

At the High Court in Edinburgh today, judge Lady Smith imposed a life-long restriction order on Foye, who previously escaped from jail in 2005.

He must serve a minimum of nine years before he can be considered for release on licence.

Lady Smith said: "It's heartbreaking to think how devastating the experience must have been for her."

Foye, who has 25 convictions, had been on the run for almost a week when he carried out the attack on August 24 2007.

He asked his victim for the time before dragging her into a wooded area, punching her on the head, pulling her to the ground and raping her.

The girl, who cannot be identified, was on a shopping trip in preparation for the new school term when she was due to begin studying for her Highers.

MSPs raised the case at Holyrood and in March Scottish justice secretary Kenny MacAskill offered a public apology to the schoolgirl for the "shortcomings" within the prison system.

Lady Smith said today she could not comment on the appropriateness of Foye being placed in Castle Huntly.

She said: "What is absolutely plain is that you had a duty to report to Castle Huntly after the meeting and you blatantly breached it."

Of the victim, the judge said: "So it was that a happy young woman left home that day but it certainly was not a happy young woman that returned.

"You inflicted a terrible experience on her. She pleaded with you not to have sex with her but you did so.

"It is not in the least surprising that the attack has had a devastating effect on that young woman.

"She feels the awful memory of what happened to her will dominate her future."

Lady Smith said it was to the victim's "great credit" that she had gone on to achieve excellent Higher grades and was on course to realise her goal of attending university, despite the disruption to her schooling by the attack.

The court heard that Foye has spent less then two months at liberty since 1996.

His convictions range from road traffic offences to dishonesty and assault, and he was most recently jailed for the attempted murder of a policeman in 2002.

Foye, from Cumbernauld, attended his first children's hearing aged just nine.

Placed in a children's home, he set fire to the secure unit in an attempt to escape.

He began using alcohol aged 11 and is also a drug user, failing several drug tests in prison.

Lady Smith said: "You have little or no regard for prisons or their rules."

A psychological assessment found there was a high risk of Foye reoffending.

A report said he has "a tendency to act impulsively and without regard to others".

Foye, who pleaded guilty to the crime at an earlier hearing, was previously placed on the sex offenders register.

His nine-year sentence will begin in April when his current jail term ends.