Campaigners’ fury over more lenient sentences

WOMEN’S RIGHTS campaigners have demanded courts stop giving rapists more lenient sentences if they have had a previous sexual relationship with their victims.

It emerged courts have given rapists who knew their victims lighter sentences after the Crown Office appealed a jail term handed down to a former Central Scotland policeman, who was imprisoned for raping two women over several years.

Stephen Cooperwhite, 35, was sentenced to six years in prison in March for raping two women, including one who was heavily pregnant and one whom he worked with.

Law lords rejected the Crown Office’s appeal for a longer sentence in their written judgment.

Lord Carloway admitted previous relationships between a victim and her attacker were taken into consideration as mitigation by Scottish courts, which does not happen in England and Wales.

He said men who rape strangers, a far less common crime, are likely to receive harsher sentences.

In his written judgment, Lord Carloway states: “It is undoubtedly correct, as the respondent submitted, that the existence of both a pre-existing and an existing sexual relationship has been regarded by the court, in the past, as a mitigating circumstance.”

This has led women’s rights groups to demand the Scottish Government issues new guidance.

Sandy Brindley, national coordinator at Rape Crisis Scotland, said: “Being raped by a partner or an ex-partner is in no way less serious or less traumatic than being raped by a stranger.

“We are strongly opposed to the idea that a pre-existing or existing sexual relationship in any way mitigates the seriousness of the crime.”

She added:“The justice system plays an important role in acting as a deterrent.

“If people are not satisfied they are going to get justice or have a fear what they report is taken less seriously because of a previous relationship, there is a real worry they could be put off reporting it.”