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Feminism: Sex and gender discussions

Rape sentencing guidelines will "enhance consistency" (Scotland)

23 replies

IwantToRetire · 30/10/2025 18:23

Rapists should serve a minimum prison sentence of five years, with those convicted of the rape of a young child expected to serve at least seven years, according to landmark new guidelines.

The Scottish Sentencing Council (SSC) said the new guidance, if approved, would help to “enhance consistency and predictability” in how sentencing is carried out, and provide greater understanding as to how decisions are reached.

In what represents the first ever sentencing guidelines on rape in Scotland, the SSC said the change “better reflects” current sentencing practice as set out by the appeal court, with all of the options provided still long-term custodial sentences.

Full details https://www.scotsman.com/news/rape-sentencing-guidelines-will-enhance-consistency-5379156

OP posts:
GoldThumb · 30/10/2025 20:02

So what is the current guidelines? There just aren’t any, and it’s all down to individual judges?

I’m all for this, too many rapists getting suspended sentences, it’s sickening.

Although my worry would be if judges knew a custodial sentence was mandatory, that they’d be more likely to acquit. We know how judges hate ruining the ‘bright futures’ of rapists….

AAT65 · 31/10/2025 03:28

GoldThumb · 30/10/2025 20:02

So what is the current guidelines? There just aren’t any, and it’s all down to individual judges?

I’m all for this, too many rapists getting suspended sentences, it’s sickening.

Although my worry would be if judges knew a custodial sentence was mandatory, that they’d be more likely to acquit. We know how judges hate ruining the ‘bright futures’ of rapists….

The proposal to run a trial of juryless rape and attempted rape trials was dropped in Scotland in 2024. Ironically it was thought (probably correctly) that not having a jury would raise the abysmal conviction rate at jury trial.

IwantToRetire · 31/10/2025 16:51

GoldThumb · 30/10/2025 20:02

So what is the current guidelines? There just aren’t any, and it’s all down to individual judges?

I’m all for this, too many rapists getting suspended sentences, it’s sickening.

Although my worry would be if judges knew a custodial sentence was mandatory, that they’d be more likely to acquit. We know how judges hate ruining the ‘bright futures’ of rapists….

I think that's the point. That there weren't any agreed sentences.

So if they are only now saying rape of a child should be a minimum of 7 years, implies that much shorter sentences had been given.

OP posts:
Toutafait · 01/11/2025 12:25

A big problem is that if the rapist is under 25 the judge sentencing him is required to focus on what is in the rapist's best interests. I assume that this rule will still apply, so that many rapists will continue so see little or even no time in prison? See this article: Man only jailed for three years for raping 12-year-old girl in park | LBC

Man only jailed for three years for raping 12-year-old girl in park | LBC

A man has been sentenced to just three years in prison for raping a 12-year-old girl.

https://www.lbc.co.uk/article/man-jailed-three-years-rape-girl-12-DWzZ8h_2/

Toutafait · 01/11/2025 12:32

Sean Hogg, referred to in that article, was convicted of raping a 13 year old girl several times. Because he was under 25, he received no custodial sentence - only some community service. The judge sentencing him said that Hogg would have received a 4 or 5 year prison sentence if the rules about offenders under the age of 25 had not recently been put in place. He appealed his conviction, and it was overturned, apparently because of mistakes made during the trial. But the relevant point here is that being younger meant a reduction from 5 years in prison to a couple of hundred hours of work in the community.

Devilsmommy · 01/11/2025 12:35

Toutafait · 01/11/2025 12:25

A big problem is that if the rapist is under 25 the judge sentencing him is required to focus on what is in the rapist's best interests. I assume that this rule will still apply, so that many rapists will continue so see little or even no time in prison? See this article: Man only jailed for three years for raping 12-year-old girl in park | LBC

Who gives a flying fuck about a rapists best interests? Did they give a shit about their victims interests? No they fucking didn't so why should we pander to them? God it makes me sick that rapists walk off Scot free because we wouldn't want to harm their future chances in life. 😡

Augarden · 01/11/2025 13:20

"Existing sentence guidelines for young people - classed as those under 25 - remain in place, meaning younger offenders may not receive the increased minimum sentences."

Ridiculous.

frostedpixie · 01/11/2025 13:25

Devilsmommy · 01/11/2025 12:35

Who gives a flying fuck about a rapists best interests? Did they give a shit about their victims interests? No they fucking didn't so why should we pander to them? God it makes me sick that rapists walk off Scot free because we wouldn't want to harm their future chances in life. 😡

Who gives a flying fuck about a rapists best interests?

The Scottish Government. That's who. I'm beginning to think it's in women and girls 'best interests' ... to not live in Scotland.

Apparently scientific evidence suggests that the brain is not fully developed below the age of 25. I mean you can vote, join the armed forces, marry, drink, get a mortgage etc? But rape someone?...your wee brain's just not mature enough to be held fully accountable for your actions so you'll probably walk out of court with a non custodial sentence.

Toutafait · 01/11/2025 14:01

Augarden · 01/11/2025 13:20

"Existing sentence guidelines for young people - classed as those under 25 - remain in place, meaning younger offenders may not receive the increased minimum sentences."

Ridiculous.

I assume they remain in place, but I don't know that for a fact.

Worriedaboutrapecourts · 01/11/2025 14:34

Where are they going to house all these rapists with their increased sentences when our prisons are already overcrowded?
Angela Constance says that building more prisons will only encourage more crime 🙄🙄🙄so do we stay as we are with early releases or not even a slap on the wrist sentences or build more prisons and hope that all these new criminals don't choose rape as their offence?

DuesToTheDirt · 01/11/2025 18:48

frostedpixie · 01/11/2025 13:25

Who gives a flying fuck about a rapists best interests?

The Scottish Government. That's who. I'm beginning to think it's in women and girls 'best interests' ... to not live in Scotland.

Apparently scientific evidence suggests that the brain is not fully developed below the age of 25. I mean you can vote, join the armed forces, marry, drink, get a mortgage etc? But rape someone?...your wee brain's just not mature enough to be held fully accountable for your actions so you'll probably walk out of court with a non custodial sentence.

Jill Barclay's murderer, who raped and murdered her, got a minimum sentence of 24 years rather than 29 due to being "only" 23. I'm not putting a link here as it's a horrific case, which I guess you can tell from the minimum sentence - if you want to know more you can google it.

ArabellaSaurus · 01/11/2025 18:50

Augarden · 01/11/2025 13:20

"Existing sentence guidelines for young people - classed as those under 25 - remain in place, meaning younger offenders may not receive the increased minimum sentences."

Ridiculous.

I thought theyd backtracked on that for sentencing rape?

ArabellaSaurus · 01/11/2025 18:56

Hm. There were calls ro revise after a man who raped a 13 year old walked away with community service.

But the review doesnt even mention that.

https://www.scottishlegal.com/articles/sentencing-young-people-guideline-receives-first-review

There was a call for views last year - I think I posted a thread on here.

Toutafait · 01/11/2025 18:56

ArabellaSaurus · 01/11/2025 18:50

I thought theyd backtracked on that for sentencing rape?

Well there are certainly cases where rapists got easier sentences because of it - see the newspaper report higher up in this thread. Are you saying that that rule is no longer in force?

logiccalls · 01/11/2025 19:00

In all sentencing the first point is that prison costs £1,000 a week. Most criminals are not 'worth' that, and the money could be better spent.

Putting someone in a cage them letting them out is not going to reduce their inclination to re-offend . (Especially where violence and or s offences are involved) It would seem best to spend that huge amount of money in new ways to prevent offending.

We could continue to pretend nothing has changed in the last hundred years, and preend no new drugs and no new technology exist.

Or, we could use technology, and use drug based behaviour- control, and opportunity -control, and freedom of movement- control.

To emphasise that the remedies are in the best interests of the offender/patient, as well as those of the public, the court- ordered confinement could be for as long as it takes to establish the best drugs and technology regime. This could be done in an assessment period under compulsory restraint, and compulsory treatment, which could be in something called a hospital, but in fact entirely secure.

The patient/offender may need to have his impulse to drink curbed, under an IMPLANT mix of drugs. After release from what would be called initial treatment, and would be subject to court ordered compliance, (unless the court agrees it can be varied,) he could also wear a monitor to show he had not tried alcohol. And all information on his blood levels and his location would be remotely captured, so no social workers or nurses or probation staff would have to chase round after him.

Delivering nessary medication by implant would ensure nobody forgets to take medication, nor gets an opportunity to stop it. Women have for decades been guinea pigs for long term implants (for contraceptive drugs,) so the men will be perfectly safe.

The violence and the s impulses may not be lowered without a mix of drugs which could cause side effects disliked by the patient/ offender. A lack of much interest in anything at all, for example, might be a result from the curbing of any unwanted and dangerous appetites. (Weight loss jabs have sometimes reduced other appetites, so a similar result could no doubt be contrived by court- authorised medical teams)

Access to internet could be restricted under house arrest. Cameras and threshold triggers could ensure no visitors entered, unless court approved. And, could ensure the prisoner/patient does not leave the home.

It would seem the public could be safe, for LIFE, from men who are doubly controlled, by confinement and by court autorised restrictions and by implanted drugs. Courts could hear appeals to vary any terms, but there would be a good argument that a man's own best interests are never met, by permitting him to access opportunities to harm himself and others, by offending.

Toutafait · 01/11/2025 19:00

And yes, young people must be sentenced more leniently than people aged 25 or older.

frostedpixie · 01/11/2025 19:09

DuesToTheDirt · 01/11/2025 18:48

Jill Barclay's murderer, who raped and murdered her, got a minimum sentence of 24 years rather than 29 due to being "only" 23. I'm not putting a link here as it's a horrific case, which I guess you can tell from the minimum sentence - if you want to know more you can google it.

See this is what I can't understand. If you're old enough to join the armed services, drink, vote, get a mortgage etc, why are you not classed as old enough to receive the maximum penalty if you commit a crime? Especially a serious one. It makes a complete mockery of our justice system.

Worriedaboutrapecourts · 02/11/2025 10:11

In all sentencing the first point is that prison costs £1,000 a week. Most criminals are not 'worth' that, and the money could be better spent.

What about the victims, what are we worth?

Are we given any consideration, at all?

DuesToTheDirt · 02/11/2025 11:38

Worriedaboutrapecourts · 02/11/2025 10:11

In all sentencing the first point is that prison costs £1,000 a week. Most criminals are not 'worth' that, and the money could be better spent.

What about the victims, what are we worth?

Are we given any consideration, at all?

If I'd been raped and seen my rapist convicted, I'd be absolutely furious if he were spared prison on the grounds of cost.

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