Public's views sought on draft sentencing guidelines for rape offences in Scotland

People are being asked to share their views on sentencing for rape offences to help ensure current guidelines are fit for purpose.

A public consultation on the issue opens on Thursday and runs until mid-October.

The Scottish Sentencing Council (SSC), which provides guidelines for criminal penalties in the courts, is asking people of all backgrounds to offer their views in the 12-week consultation.

Chairwoman of the council, Lord Justice Clerk Lady Dorrian, said: “Rape is one of the most serious offences.

“It’s also one which represents a great deal of business of the High Court of Judiciary and it’s an issue of grave public concern, so this is the second of our offence-based guidelines – after death by driving – and because of the serious nature of it and the public concern, it was an obvious one for us to do next.

“All of our guidelines are evidence-based and informed by research and consultation. We have engaged with a wide range of organisations and people, including the judiciary, the legal profession, and interest groups.

“We have now reached perhaps the most significant stage yet in the development of these guidelines – our public consultation.

“We want our guidelines to be useful to the courts, court users, and to the public in general.”

The SSC said sexual offences are an area of public concern and account for a rising number of sentences given in Scottish courts.

It said its guidelines help judges make tough sentencing decisions, and they can also help the public better understand those decisions.

Sandy Brindley, chief executive of Rape Crisis Scotland, said: “These will be the first ever sentencing guidelines on rape in Scotland.

“We know how important it is that sentencing in these cases feels fair and transparent.

“We welcome this consultation and want to encourage people to read the draft guidelines and submit their views on what is being proposed.”

The guidelines set out some of the factors that can be taken into account in sentencing around the culpability, or level of blame, of the offender, and the harm caused to the victim.

They make clear that offences involving the use of violence or threats, an abuse of a position of trust, time spent planning an attack, or severe physical or psychological harm should all be treated more seriously.

The sentencing guidelines provide a matrix which sets out sentencing ranges of imprisonment relating to the seriousness of the offence.

They also include discussion of sentences designed to protect the public in the future.

Stuart Munro, convener of the Law Society of Scotland Criminal Law Committee, said: “This is an important consultation and a welcome opportunity for both members of the legal profession and the public to have input to the development of the sentencing guidelines.

“Sexual offences, including rape, are extremely serious crimes and of significant concern to the public.

“We are pleased to see that the Scottish Sentencing Council is encouraging people to share their views to help ensure that the sentencing guidelines are fit for purpose, in addition to broadening understanding about the decision-making involved in what can be very complex and challenging cases.

“I would encourage all those with an interest in our justice system to contribute to the consultation.”

The deadline for responding to the consultation is October 18.