Rape

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.

Sentencing guidelines on offences of rape and rape of a young child were approved by the High Court of Justiciary on 03 December 2025 and came into effect on 03 March 2026.

Following legislative updates to the imposition of non-harassment orders, both guidelines were revised, with the revisions approved by the High Court on 20 August 2026.

The rape guideline applies to all offenders sentenced on or after 01 September 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 applies to all offenders sentenced on or after 01 September 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 8, which involves monitoring and review of the guideline.