Rape
Following a public consultation exercise, the Council has finalised two draft sentencing guidelines on offences of rape. These have now been submitted to the High Court of Justiciary for approval. The first guideline is on the offence of rape under section 1 of the Sexual Offences (Scotland) Act 2009, and its common law equivalent, and the second covers the offence of rape of a young child (someone under the age of 13) under section 18 of the Act, and its common law equivalent. These guidelines are the first of an intended series on sexual offences, and the Council is currently developing further guidelines on sexual assault, and offences involving indecent images of children.
The Council recognises that sexual offending is an area of great public concern. It believes that guidelines will bring benefits to the courts, to those involved in such cases, and to the wider public. Offences of rape can involve a wide variation of circumstances. By listing some of the factors to be considered, the guidelines will assist courts in reaching what, at times, can be difficult sentencing decisions. This will promote consistency and predictability in sentencing for these offences.
Next steps
If the guidelines are approved by the High Court, they will come into effect on a date set by the Court, and the Council will publish them on its website.
Current Stage
This guideline is currently at Stage 6 of processing and is being dealt with by the Sexual Offences committee.
Publications
