Rape sentencing guidelines to ‘enhance consistency and predictability’ – judge

New guidelines on sentences for rape will help “enhance consistency and predictability in sentencing”, the Lord Justice Clerk has said.

The Scottish Sentencing Council has published the finalised guidelines following a public consultation on the draft versions.

After considering the evidence, including the consultation responses and a review of current sentencing practice, some of the sentencing ranges in each guideline have been increased.

The range for sentencing rape now starts at five years in custody while in the sentencing guideline for rape of a young child it starts at seven years behind bars.

A number of the higher ranges have been increased within each respective guideline, but the highest points of the sentencing ranges remain at 13 years for rape and 14 years for rape of a young child.

The Lord Justice Clerk Lord Beckett, chairman of the council and Scotland’s second most senior judge, said: “These are serious offences of great concern to the public.

“The guidelines are intended to assist judges in determining appropriate sentences and will help to enhance consistency and predictability in sentencing.

“They will provide greater understanding as to how sentencing decisions are reached for those involved, or interested, in such cases, including victims and offenders.

“They have been developed with an evidence-based approach, which has included wide-ranging engagement, analysis of relevant sentences imposed by the Scottish courts, commissioned research projects including a national survey, and a report exploring the views of victims.

“The public consultation was a significant part of the development process and we are grateful to all of those who took the time to participate.

“Each response has been independently analysed, and carefully considered by the council, before final decisions were taken.”

Other key changes include the removal of specific mitigating factors for the offences.

Those using the guidelines are instead referred to the mitigating factors listed for all offences in the council’s guideline on the sentencing process.

A further section addressing non-harassment orders has been added to the guidelines.

The finalised guidelines will now be submitted to the High Court for approval.

If they are approved, either as submitted or with changes, they will come into effect on a date set by the court.

Rape Crisis Scotland chief executive Sandy Brindley said: “Survivors must have confidence in the system to protect them and to offer a sense of justice, so increasing the minimum sentencing guidelines for rapists is absolutely the right decision.

“The Sentencing Council’s own research reflects what survivors of rape have told us time and time again; that they felt that the interests of the perpetrator were put ahead of their own when it came to sentencing.

“There have been a number of recent sexual offence cases where the Crown has successfully appealed inappropriately lenient sentences.

“Rehabilitation is a crucial part of the criminal justice system, but it is also there to serve as a deterrent for offenders and to offer a sense of justice for victims of crime.

“A conviction for a serious crime like rape should always involve a significant custodial sentence.”