Rape
The Council is currently developing sentencing guidelines on the sexual offences of rape. Two draft guidelines have now been prepared and were consulted upon in an open public consultation. The first draft 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 public concern and accounts for a rising proportion of sentencing in Scottish courts. 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
The Council will carefully consider each consultation response received. It will then publish an independent analysis of the responses, as well as a consultation report, on the website. Following this analysis, the draft guidelines will be finalised and submitted to the High Court for its consideration. If approved the guidelines will be published and come into effect.
Current Stage
This guideline is currently at Stage 5 of processing and is being dealt with by the Sexual Offences committee.
Publications
