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Rapists should serve a minimum prison sentence of five years, with those convicted of the rape of a young child expected to serve at least seven years, according to landmark new guidelines. The Scottish Sentencing Council (SSC) said the new guidance, if approved, would help to “enhance consistency and predictability” in how sentencing is carried out, and provide greater understanding as to how decisions are reached. In what represents the first ever sentencing guidelines on rape in Scotland, the SSC said the change “better reflects” current sentencing practice as set out by the appeal court, with all of the options provided still long-term custodial sentences. According to the most recent Scottish Government data, crimes of rape and attempted rape received the second longest average custodial sentences in 2022/23, of 2,533 days, or just under seven years. The minimum sentence range proposed by the SSC represents an increase on what was initially proposed as part of its draft consultation guidelines. It had initially suggested a range of four to 13 years’ custody for rape, with the range widening to five to 14 years for the rape of a young child. The highest points of the finalised sentencing ranges would remain at 13 years for rape, and 14 years for the rape of a young child. However, the options of extended sentences and orders for lifelong restriction - a form of life sentence - would still be in place. Read more: Major spike in trials sparks calls for more courts amid fears of victim impact Other key changes include the removal of specific mitigating factors which may lead to a less severe sentence. A further section addressing how non-harassment orders operate has been introduced, as well as a number of clarifications to help assist general understanding of certain features of seriousness. Existing sentence guidelines for young people - classed as those under 25 - remain in place, meaning younger offenders may not receive the increased minimum sentences. The chair of the council, the Lord Justice Clerk, Lord Beckett, 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.” Rape Crisis Scotland’s 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. Subscribe today to the Scotsman’s daily newsletter “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.” The finalised guidelines will now be submitted to the High Court, where if they are approved, either as submitted or with changes, they will come into effect on a date set by the court.
