Rapists must not be allowed to leave prison without completing mandatory sex offender rehabilitation programmes, a leading charity has warned in response to proposed rape sentencing guidelines.

Rape Crisis Scotland welcomed the Scottish Sentencing Council’s draft proposals but said it was “unacceptable” that sex offenders were able to leave prison without undergoing any kind of rehabilitation programme.

It comes after The Herald revealed more than 100 moderate to high risk offenders were released from prison without completing a rehab programme.

Sandy Brindley, chief executive of Rape Crisis Scotland, also said the case of Esther Brown, 67, who was raped and murdered by a registered sex offender Jason Graham who had been released from prison some years before, highlighted the importance of rehabilitation.

She said: “The tragic case of Esther Brown highlighted the grave need for mandatory sex offender programmes. Esther was raped and murdered in the West End of Glasgow in 2021, by a convicted sex offender who had been released on license. The subsequent serious case review found that her rapist and murderer had not undertaken any sex offender programmes before being released.”

In a consultation response to the proposals, the charity described the lengthy delays in accessing these programmes as “unacceptable”.

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Mandatory rehabilitation is currently not part of the proposals set out by the Scottish Sentencing Council.

The guidelines - the first of its kind for rape in Scotland - must be taken into account by judges to ensure sentences are consistent and proportionate.

They proposals would provide details of aggravating factors, including previous convictions, targeting a victim who is vulnerable and the use of a weapon.

It also includes factors which can be taken into consideration, such as remorse.

Ms Brindley also warned more action was needed to ensure victims were given the right to read victim impact statements, in line with rules south of the border.

The charity is also urging the Council to consider imposing mandatory non-harassment orders as part of the sentencing to ensure victims are protected when the perpetrator is released from jail.

Ms Brindley said the proposed guidelines would give victims clearer understanding of why their attacker received the sentences they did.

But she said: “Survivors often tell us they are terrified of their rapist contacting them when they are released from jail. Mandatory non-harassment orders must be in place when convicted rapists are released to protect survivors and their families."

She added: “If harm is to be such a significant factor in the determination of a sentence, it’s vital that survivors have the right to read out a victim impact statement in court to communicate, in their own words, what harm the perpetrator’s crime has caused them. This is a right that rape survivors already have in England and Wales, and we are fully supportive of calls from survivors for this right to be in place for survivors in Scotland."

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Data from the Scottish Courts at Tribunal Service showed that on average, rapists in Scotland served less than six years for their crime.

The Scottish Sentencing Council's consultation closed today, with responses expected from stakeholders across the country.

Lord Justice Clerk Lady Dorrian, chairwoman of the council, said:  “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."

On rehabilitation programmes for convicted sex offenders, the Scottish Prison Service said schemes had been impacted by lengthy delays due to the Covid-19 pandemic.

A spokesman said: "The rehabilitation of individuals in our care, supporting their personal journey, reducing their risk of reoffending, and helping to build safer communities, are all key priorities,” he said.

“Restrictions imposed to keep people safe during the Covid pandemic, challenges with staff resourcing and our prisoner transport contract, and the high and complex population we are currently managing, have all impacting on access to offender behaviour programmes in recent years.

“However, they remain a key priority and work is well underway on increasing access to these courses, which are just one of the ways in our staff support those in our care and prepare them for release.”