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We’re calling for more action following the proposed sentencing guidelines for rape

Rape Crisis Scotland calls for more action following the release of proposed sentencing guidelines for rape – the first ever to be published. We’re calling for:

• Mandatory participation in sex offender programmes to be included in sentencing. This is currently optional, and many rapists leave prison without having undergone any rehabilitation of this nature.
• Survivors to be given the right to read out victim impact statements where they wish to do so. This right is currently in place in England and Wales.
• Mandatory non-harassment orders as part of sentencing to protect victims when their rapists are released from jail.

The guidelines, published in draft by the Scottish Sentencing Council (SSC), set out how a sentence for rape should be determined by judges following a guilty verdict in court. 

Survivors often tell us that they don’t understand why their rapist received the sentence they did after a guilty verdict. These guidelines could make these reasons much clearer. We also hope the guidelines could result in more consistency in rape sentencing across Scotland.Survivors often tell us they are terrified of their rapist contacting them when they are released from jail. Mandatory non-harassment orders must be in place when convicted rapists are released to protect survivors and their families.We need to see mandatory participation in sex offender programmes in sentencing. This is currently optional, meaning many rapists leave prison without engaging at all in this kind of rehabilitation.

There is a significant emphasis on harm in the guidelines. Harm is a key determining factor in how a sentence is reached. We need more clarity on how this harm will be assessed by the justice system. If harm is to be such a significant factor in the determination of a sentence, it’s vital that survivors have the right to read out a victim impact statement in court to communicate, in their own words, what harm the perpetrator’s crime has caused them, or have a person of their choice read this statement for them. Victims already have the right to read their impact statement in England and Wales, and we are fully supportive of calls from survivors for this right to be in place in Scotland. Support must also be in place for survivors to write these statements.

You can read our full response to the SSC’s consultation on the guidelines here.