New sentencing guidelines for rape and sexual assault

New sentencing guidelines a r e b e i n g d r a w n u p f o r a range of sexual offences amid an increasing number of cases in Scotland’s courts.

T h e S c o t t i s h S e n t e n c i n g C o u n c i l s a i d i t p l a n n e d t o develop multiple guidelines for how the courts deal with rape, sexual assault and indecent images of children.

Scotland’s courts are dealing with an increasing number of complex sexual cases.

Fi g u r e s p u b l i s h e d e a r l i e r this year by the Scottish Government showed the number of people convicted of sexual offences in 2017-18 was 39 per cent higher than in 2010-11.

Ju d g e L a dy D o r r i a n s a i d : “G i v e n t h e w i d e - r a n g i n g nature of sexual offending, the council has decided to develop multiple guidelines focusing on particular sexual offences, rather than a single guideline covering all offences. This will allow each topic to be given indepth consideration, and for the first guidelines on sexual offending to be pro duced more quickly.

“We recognise the considerable interest in sentencing sexual offences, and we have l i s t e n e d c a r e f u l l y t o v i e ws expressed by the public, judiciar y, victim support organisations, the S cottish Parliament and others in considering how best to proceed. Our priorities are always under review as new areas of work develop and, on balance, we consider that guidelines on sexual offences should take precedence over certain other areas of work at present.”

Lady Dorrian said the council would take its time to make sure it got the guidelines right.

S h e a d d e d : “W h i l e w e recognise the desire to have s e n t e n c i n g g u i d e l i n e s o n s ex u a l o f f e n c e s i n p l a c e a s quickly as possible, as I have noted previously the potential impact of guidelines which have not been properly considered and tested would be considerable, b oth for individual cases and for the justice system as a whole.”

Judges and sheriffs have to take official guidelines into a c c o u n t w h e n s e n t e n c i n g offenders in a relevant case.

Guidelines are put in place with a view to ensuring sentences are consistent, fair and proportionate.

There was controversy earlier this year when dental student Christopher Daniel, 18, wa s g ive n a n a b s o l u t e d i s - charge despite b eing found guilty of sexual assaults on a child when he was bet ween the ages of 15 and 17. The court’s disposal meant he left with no criminal record and was not put on the sex offenders’ register. The case led Labour to call for sentencing guidelines for sexual assault cases to be produced “as a matter of urgency”.

cmarshall@scotsman.com