Rapists should be sent to jail, Yousaf insists amid outcry over man’s sentence

First Minister Humza Yousaf has said he agrees that 100% of rapists should be sent to prison, but judges must be allowed the independence to hand down sentences.

He was challenged during First Minister’s Questions about Scottish Sentencing Council guidelines which advise against custodial sentences for offenders under 25.

Scottish Conservative leader Douglas Ross raised the issue after Sean Hogg, 21, was handed a 270-hour community payback order after being convicted of raping a 13-year-old girl.

He said: “Let me repeat the words of the victim as my question to the First Minister: Why is it okay for anyone to rape someone and not go to jail?”

Mr Yousaf said that between 2018 and 2021, 98% of people convicted of rape were sentenced to prison.

He added: “I agree with the sentiment that if someone commits rape they should go to jail.

“I believe that, but of course I also believe very, very firmly that it is up to the independent judiciary, it is up to judges, it is up to those in the High Court, to make a decision about what the appropriate punishment is for an individual for the crime that they have committed.

“The courts can still, even with this guideline in place, impose a custodial sentence on a young person if they consider that to be appropriate in light of all the facts.”

The First Minister said his Government is looking to “improve the justice system when it comes to particularly those individuals, particularly women, who are often the victims of sexual offences”.

In his question to the First Minister, Mr Ross described the justice system as “broken” under the SNP.