Rapists in Scotland are, on average, serving less than six years for their crime, according to data from the Scottish Courts and Tribunals Service.
The stark figure, shared by Victoria Young, the Scottish Sentencing Council’s advocate member, in today’s Herald, comes as new draft sentencing guidelines for rape offences go out to consultation.
They are the very first sentencing guidelines for rape in Scotland.
READ MORE: Have your say on sexual offences sentencing guidelines
The instructions, which must be taken into account by judges and sheriffs, aim to ensure sentences are consistent and proportionate.
Writing in The Herald, Ms Young said each case required “challenging and difficult decision-making at the point of sentencing.”
“The guidelines explain the different factors that might be taken into account by a judge when sentencing rape offences, and how these might affect the sentence handed down.
“For example, if an offender uses violence or threats in the commission of the offence, the guidelines provide that it should be treated more seriously, which may lead to a more severe sentence.
“This is also the case in offences where the perpetrator abuses a position of trust, spends time planning an attack, administers drink or drugs to the victim to facilitate the offence, or causes severe physical or psychological harm.”
She said setting this out in the guidelines would help judges to “decide the most appropriate sentence in these sensitive and complex cases, and will serve to inform victims and the public about sentencing.”
The draft sentencing guidelines provide details of aggravating factors, including previous convictions, targeting of a victim who is vulnerable, use of a weapon, and presence of others.
It also includes factors which can be taken into mitigation, including remorse and mental illness or disability.
The consultation will run until October 18 October.
Scottish Courts and Tribunals Service data show that over the past four years, the average number of court disposals for rape was 98 per year, an increase from 57 for the previous four-year period.
For the prison sentences imposed in those cases - excluding forms of life sentences - the average sentence was equivalent to just under six years.
READ MORE: Law Society urges government to ditch juryless rape trial
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.”
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.”
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