Rapists could be handed prison sentences as short as four years under guidelines planned by a soft touch justice quango.
The Scottish Sentencing Council (SSC), set up by the SNP Government, is consulting on proposals for jail terms of four to 13 years for rapists – with a form of life sentence only for the most dangerous offenders.
Those who carry out attacks judged to be less severe could be jailed for just four years under the guidance devised by the SSC.
The SSC has been at the centre of ongoing controversy after earlier sentencing guidelines urged leniency for criminals under the age of 25 on the grounds of their alleged brain immaturity.
Last night Scottish Tory deputy justice spokesman Sharon Dowey said: ‘Rape survivors, and the vast majority of the public, will be dismayed that the SSC has opted to recommend such a short minimum sentence.’ The SSC document outlining the proposed guidelines for rape sentences states that courts should use a table to ‘identify the appropriate sentencing range’.
Sentences of four to six years are proposed for rapists in cases where there was ‘psychological harm or trauma’ or ‘physical harm’, but no other factors which would make it more serious.These other factors would include, for example, a ‘significant degree of planning’ by the perpetrator – which would potentially lead to longer sentences.
Jail terms ranging from ten to 13 years are suggested for violent cases where there is judged to be ‘extreme impact’ on the victim.
For the very worst cases, the court can impose an Order for Lifelong Restriction.
Judges are able to depart from the guidelines, but they have to explain any decision to do so.
Writing on LinkedIn, Thomas Ross, KC, a specialist in homicide cases, said: ‘It probably comes as a surprise to non-lawyers that the usual sentence for rape in Scotland is around five years – less if the accused is under 25. Last year, I had a client who got more than five years for a cannabis farm.’
Last night an SSC spokesman said: ‘The appropriate sentence imposed in a particular case will depend upon the specific circumstances of the offence, and the guidelines make clear that culpability, or level of blame, of the offender and harm caused to the victim are key considerations.’
Justice Secretary Angela Constance said: ‘I would encourage anyone with a view on the independent SSC’s draft guidelines to take part in the consultations.’