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Feminism: Sex and gender discussions
WickedSerious · 28/04/2023 13:23

This sounds almost too sane to be true.

Shelefttheweb · 28/04/2023 13:45

Good

DerekFaker · 28/04/2023 13:54

GOOD.

RoseslnTheHospital · 28/04/2023 14:02

I really hope that the appeal is successful. It should never have got to this point.

ArabeIIaScott · 28/04/2023 14:26

Good.

MrsOvertonsWindow · 28/04/2023 14:51

Good. Shameful that any judge or sentencing guidelines thought that an acceptable sentence.

Babdoc · 28/04/2023 14:58

This has got to be converted to a custodial sentence. If not, Scotland is declaring open house for rapists up to age 25.
It is shocking that any judge thought a rapist’s “immaturity” deserved more consideration than his victim’s trauma.
The rapist was deemed mature enough to vote, drive or marry. Why should criminal responsibility be different?

Grammarnut · 28/04/2023 15:49

Good.

TheBiologyStupid · 28/04/2023 16:45

Thank God for that - let's hope that the poor girl he raped finally gets some real justice. It's rare enough for a rapist to be convicted and for them to then walk out of court with no custodial sentence after everything that he had put the girl through was completely unacceptable.

zen1 · 28/04/2023 16:48

I hope the young girl gets some proper justice this time. I can’t believe the original sentence and the so-called justifications for it.

newtb · 28/04/2023 16:49

Good. About time, too.

aweegc · 28/04/2023 18:19

It is shocking that any judge thought a rapist’s “immaturity” deserved more consideration than his victim’s trauma.

As far as I remember the judge was following new sentencing guidelines that factor in brain maturity. It wasn't him who came up with the idea.

And it's a concept that has a decent basis but is appallingly applied. To the point where I do wonder if the judge deliberately applied the guidelines to the letter to make a point. For the victim it would be a further cruelty after what she's been through over the past 4-5 years, so I'd hope not. But to get this legal nonsense sorted out, it would be a perfect case.

I hope he gets a proper custodial sentence. If the Scottish government wants to take brain maturity and rehabilitation into account, it can do that during a custodial sentence in the case of rape. It can also reconsider why 16 year olds are cognitively mature enough to take marry, vote, join the military, but are unable to take responsibility for the crimes they commit. It doesn't add up.

I hope his victim is managing with this being churned up all the time. I wish she never experienced his actions in the first place and then had had justice years ago. I hope she gets it this time round.

SirSamVimesCityWatch · 28/04/2023 18:25

This is good but it's too fucking late. It's shit like this that makes me think that if I was raped, or my daughters, I wouldn't want to report it. I never used to think that way but honestly, what's the fucking point.

Shelefttheweb · 28/04/2023 19:31

How can you say someone who raped a child multiple times is a first time offender?

dimorphism · 28/04/2023 19:42

At what point does a judge get investigated or fired? At what point are their decisions so terribly wrong that they are no longer fit to do their job?

Surely when an outrageous decision like this happens there should be some way to look into the judge making it.

At what point are a judge's decisions scrutinised, by whom, and what are the consequences for not applying the law properly?

Does anyone know?

aweegc · 28/04/2023 21:01

Background research (replicating lots of other previous research) from Edinburgh Uni that has informed the sentencing guidelines:

www.lawscot.org.uk/news-and-events/legal-news/brain-not-fully-developed-until-age-25-research-reveals/

Article about sentencing guidelines being brought into use.

www.scottishdailyexpress.co.uk/news/politics/snp-justice-young-offenders-ssc-25422811

More information including quotes from member of the Scottish Sentencing Council.
www.bbc.com/news/uk-scotland-51657466

Basically this was brought in - coincidentally, I believe - during covid. We were all too busy with that to pay much attention to something we didn't know was happening and the biggest problem with courts seemed to be the ever increasing backlog of cases.

The last article mentions the age of young offenders in other countries. Switzerland is up to 21 and The Netherlands 23. I'd like to know what those countries do with regards rehabilitation vs what Scotland has set up. I keep seeing the word "rehabilitation", but no details of what it means, where the funding is coming from and who has been trained (and where and by whom) to facilitate this rehabilitation. I'd assume that rehabilitation for stealing from a supermarket would be different than rehabilitation for triple rape, would require significantly different training and expertise. I'd also like to know what stats on recidivism of young people are being kept to provide proof that it's actually working.

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