Scottish rapists may face just four years in jail under new guidelines

Rapists in Scotland may face prison terms as short as four years under new guidelines proposed by the Scottish Sentencing Council (SSC). Established by the SNP Government, the SSC is consulting on sentencing ranges of four to 13 years for rape, with life sentences reserved for the most dangerous offenders.

The SSC’s proposals suggest that those responsible for less severe attacks might receive a four-year sentence. Previous guidelines from the SSC have already faced criticism for recommending leniency for offenders under 25, citing brain immaturity.

Scottish Tory deputy justice spokesman Sharon Dowey expressed concern, stating that rape survivors and the general public would be distressed by the SSC’s recommendation of such minimal sentences. The SSC’s document advises courts to use a table to determine the appropriate sentencing range.

For rapes involving psychological trauma or physical harm but lacking other aggravating factors, sentences of four to six years are proposed. Aggravating factors could include significant planning by the perpetrator, which might result in longer sentences. Cases with extreme impact on the victim could see sentences between ten and 13 years.

In the most severe cases, courts can impose an Order for Lifelong Restriction. Although judges can deviate from these guidelines, they must provide a rationale for doing so.

Thomas Ross, KC, an expert in homicide cases, commented on LinkedIn that it may surprise the public to learn the average sentence for rape in Scotland is about five years, often less for offenders under 25.

An SSC spokesman emphasised that the appropriate sentence depends on the specific circumstances of each case, with offender culpability and victim harm being crucial factors.

Justice Secretary Angela Constance urged the public to participate in the consultations on the SSC’s draft guidelines.