NEW sentencing guidelines for rape offences come into effect in Scotland on Tuesday.
The guidelines recommend a jail sentence of at least five years and as long as 13 years for the crime of rape.
For the crime of raping a child, the minimum sentence is seven years and can be as long as 14 years.
The Scottish Sentencing Council finalised the guidelines last year following a consultation and they were approved at a hearing of the High Court in December.
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They are designed to assist judges while providing more consistency and predictability in the sentencing of rape offences.
They also provide guidance on factors affecting the culpability of the offender and the level of harm caused to the victim.
Lord Beckett is the chairperson of the sentencing council and holds the title of Lord Justice Clerk, one of Scotland’s most senior judges.
He said: “After extensive evidence-based research, a public consultation and engagement across the justice, government and charity sectors, I am pleased these guidelines are now in effect.
“Rape offences are among the most serious to come before the courts and can have a devastating impact on victims.
“Sentencing rape offences is a highly sensitive and complex process and these guidelines will greatly assist judges in determining appropriate and consistent sentences in such cases and improve public understanding of how these decisions are reached.”
Rape Crisis Scotland interim chief executive Alev Taylor said: “Survivors must have confidence in the system to protect them and to offer a sense of justice, so increasing sentencing ranges to better reflect current sentencing practice set out by the Appeal Court is absolutely the right decision.
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“Survivors of rape have told us time and time again that they felt that the interests of the perpetrator were put ahead of their own when it came to sentencing.
“There have been several recent sexual offence cases where the Crown has successfully appealed inappropriately lenient sentences; it is encouraging to see these new guidelines being implemented.
“Rehabilitation is a crucial part of the criminal justice system but it is also there to serve as a deterrent for offenders and to offer a sense of justice for victims of crime.
“A conviction for a serious crime like rape should always involve a significant custodial sentence.”
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