The Scottish Sentencing Council has introduced new national guidelines to help judges decide sentences for rape convictions. These guidelines aim to make sentencing clearer, fairer, and more consistent across all Scottish courts.
Judges now follow a set process when deciding sentence length: Assess seriousness – considering how deliberate the offence was, whether force or threats were used, and theimpact on the victim. Select a sentence range – for adult rape, the starting point is around five years imprisonment, with the most serious cases reaching up to thirteen years.
Child victims – where the offence involves a young child, the starting point increases to seven years, with the upper range at fourteen years. Aggravating and mitigating factors – such as previous offending, abuse of trust, or genuine remorse, may move the sentence up or down within these ranges. Final adjustments – courts may reduce the sentence for an early guilty plea or take account of time spent on remand.
In the most serious circumstances, judges can still impose an extended sentence or an Order for Lifelong Restriction, meaning the offender may be supervised indefinitely if
they pose a continuing danger.
For those accused or convicted of rape, these new guidelines make sentencing outcomes more predictable. They also help solicitors give clearer advice about likely custodialexposure and possible mitigating arguments.