Lord Advocate appeals to judges for longer sentences for sexual offences

SCOTLAND’S top law officer has asked judges to create tougher sentencing guidelines for rape cases.

Lord Advocate Dorothy Bain KC made the request after arguing “unduly lenient” punishments have been handed out.

She made her submission at Edinburgh’s Court of Criminal Appeal, where the cases of three sex offenders are being considered.

The Scottish Sentencing Council is currently working on its own guidance for such cases.

Ms Bain, who leads Scotland’s Crown Office and Procurator Fiscal Service (COPFS), asked judges Lady Dorrian, Lord Pentland and Lord Matthews to provide guidelines for their colleagues on Thursday.

She has gone to the court in the hope of persuading judges to impose lengthier sentences on three men who were convicted of rape.

The request would not “hinder nor “impede” the work of the Sentencing Council, the Lord Advocate told the court.

She argued the sentences imposed on three violent sex offenders were too lenient. Luke Bertorelli, a 23-year-old of Dunfermline, Fife, was jailed for 45 months after admitting 11 offences, including three charges of rape, sexual assault, assault and abusive behaviour.

He photographed his sexual abuse of one drunk woman and after finding out he had been reported to police, told a victim: “If they come asking you questions, don’t say a f***ing word.”

Jamie Ironside, 38, was sentenced to four years for violent sexual offences in Inverness, while John Todd, 34, was jailed for five years and 10 months for crimes in Perth, Angus and Fife.

Ms Bain told the court that Bertorelli’s trial judge, Lord Sandison, had failed to take into account all the circumstances surrounding his offending.

She said the judge had “misdirected himself” by characterising the rapist’s behaviour as immature, selfish and “childish”.

Lady Dorrian said the court’s decision “will be issued in due course”.