Rape

Sexual offending, which accounts for a significant proportion of sentencing in Scottish courts, of are public concern. Rape offences can cover a broad variety of circumstances and can involve sentencing challenges. We believe that the guidelines will assist the courts in reaching sentencing decisions thereby enhancing consistency and predictability, and will help to improve public understanding of how these decisions are reached.

Following extensive research and consultation, the guidelines were approved by the High Court of Justiciary on 3 December 2025. The rape guideline will apply to all offenders who are sentenced on or after 3 March 2026, and who have been convicted of one of the following offences: an offence of rape under section 1 of the Sexual Offences (Scotland) Act 2009, or the common law offence of rape. The rape of a young child guideline will apply to all offenders who are sentenced on or after 3 March 2026, and who have been convicted of one of the following offences: an offence of rape of a young child under section 18 of the Sexual Offences (Scotland) Act 2009 (defined as a child ‘who has not attained the age of 13 years’); and the common law offence of rape where the victim is a young child (a child under the age of 13).

This guideline is currently at stage 7, which involves raising awareness of the guidelines.