Rapist of a child gets community sentence

"Visit the Scottish Sentencing Council website to find out how judges decide what sentences to give. It also has information on: the circumstances judges take into account and what the law says about sentencing"

I tried to copy the link to the Scottish Government information given out to judges but failed miserably but if you click on myGov.scot you can follow through and see how judges are being directed with their sentencing (suspect it might have something to do with prison capacity figures?) It is difficult to understand how different ages are considered for voting, marrying and gender recognition(16), allowed to buy/consume alcohol in public(18) an bus travel(up to age 22).

The delay in the trial is probably due to the delays in all trials but particularly trials like this one. What a courageous young woman to wait so long, to have to give evidence and be bullies, sorry, cross examined by the defence barrister.

I agree that some sexual offences are better dealt with by community orders, providing they involve the offender engaging with effective treatment aimed at preventing re-offending.

This particular case should have resulted in a prison sentence. The offender pleaded not guilty and once convicted, made clear through his barrister he plans to appeal the conviction. He continues to insist the various offences, over a period of time were consensual.

Sex offenders are more likely to get treatment in the community than in prison. However, research into the success of treatment in prison, or community aren’t positive

And - the 4-5 years the judge said would have been imposed pre-sentencing guidelines, not long enough ,

eazybee

Presently a judge's role is not to make law but to uphold the laws which are made by the parliament.

Yes.

That's why I wondered what the law and sentencing guidelines are now for someone who committed multiple rapes aged 17.

A criminal barrister has been on the news claiming that the brain is not fully developed until the age of 29.
What kind of 28 year old would not realise that rape is wrong?

However, even children know right from wrong if taught. A 17 year old should know that too.

And, that barrister needs to Think On. The research into how male brains tend to impulsive angry behaviour is there as well

I thought it was the Scottish Government who initiated the Scottish Sentencing Council but maybe I was wrong?

Grayling1

I thought it was the Scottish Government who initiated the Scottish Sentencing Council but maybe I was wrong?

It cannot have been.
They can do no wrong.

I tried to copy the link to the Scottish Government information given out to judges but failed miserably

Maybe that's because there isn't any...?

Or if there are, I couldn't find them, and believe you me, I know my way about the Scottish Government website.

But if someone comes up with a link, I'll be interested to look at it.

Did someone really just bring bus passes into this? 🤣🤣

It looks like a get out of jail free card for younger men. It's difficult enough to get a rape case to court in the first place. This crime seems to have taken place 4 years ago. What a horrendous experience for this girl to undergo, waiting all this time for a trial and then an incredibly lenient sentence. I read that the man's lawyers are going to appeal the conviction.

Baggs "Rape isn't wrong because the law of the land says it is. It's wrong because it's wrong." Well said. Rape is wrong - full stop, end of discussion. And if you don't know that at 17, well there's something far wrong there too.

Why do people jump to the conclusions that suit their narrative without actually finding out about reality first?

www.scottishsentencingcouncil.org.uk/about-us/aims-and-accountability/

If I didn’t know better I would say there’s some skull duggery going on here. Wouldn’t be the first time in a court of law.

Ooohhh, what do you think happened MerylStreep? Do you think the defendant was the Judge's Grandson?

Can imagine that happening in a Neanderthal court.....

Volver3, I find your laughing emoticons at 19.50 today offensive. I worked with child victims of rape and other sexual offences. Discussions take different direction but this subject isn’t remotely funny

If you sat in the sentencing procedure in England you would be horrified by the way it all works. Did you know that a 6 year old is not considered a "young" child for penetrative sex over a period of time? As I sat and listened to the Judge sentence I was completely taken aback by the allowances made for the rapist with very little thought for the damage to the child who, incidentally, is now trying to commit suicide regularly because of her experience. The original crime committed is further exacerbated by the so called justice.

volver3

Why do people jump to the conclusions that suit their narrative without actually finding out about reality first?

www.scottishsentencingcouncil.org.uk/about-us/aims-and-accountability/

Well, I have been asking.

But cbb to look.

Iam64

Volver3, I find your laughing emoticons at 19.50 today offensive. I worked with child victims of rape and other sexual offences. Discussions take different direction but this subject isn’t remotely funny

But its ok to compare the age of someone getting free bus travel with the age of someone being sentenced for rape?

Jeez-o.

Baggs I totally agree.

Icanhandthemback, anyone working in child sexual exploitation/offences against children knows the sentencing procedure is only one of endless hurdles to cross. It’s rare for a trial to take place based on allegations from a child under 7. They’re usually seen as too young to withstand cross examination.
Children sometimes withdraw allegations after a NG finding -

Iam64

Volver3, I find your laughing emoticons at 19.50 today offensive. I worked with child victims of rape and other sexual offences. Discussions take different direction but this subject isn’t remotely funny

Well said, Iam64

I find some of volver's posts on this thread quite strange.

This was quite a sensible discussion and should not be a subject for mockery and jokey emoticons.

A whole lot of people on here opining that he must have known it was wrong.

Yes probably.

But he didn't get off Scot free (no pun intended) and the sentence will probably be reviewed. The sentencing guidelines are about justice, not revenge. Now you may all want his b***s cut off but that's not how justice works.

wildswan16

The one thing it has done - is to give this young man a lot more publicity about his bad and inappropriate behaviour than would have happened if he had been more appropriately sentenced.

Hopefully the sentencing will be reviewed.

He is appealing, apparently, wildswan, so there is hope that the sentence may be revisited anyway.

volver3 permits no criticism about anything which goes on in Scotland, it’s a bit sad really.

You have to wonder about some judges dontcha?

volver3

A whole lot of people on here opining that he must have known it was wrong.

Yes probably.

But he didn't get off Scot free (no pun intended) and the sentence will probably be reviewed. The sentencing guidelines are about justice, not revenge. Now you may all want his b***s cut off but that's not how justice works.

So go on then, what do you think would have been an appropriate sentence in this case?

volver3

Everyone is entitled to their opinion.

Here's a little nugget for you.

The guidelines are the work of the Scottish Sentencing Council. Chairwoman Lady Dorrian. Anyone suggesting that she is politically motivated needs to give their head a wobble.

I think our heads are perfectly straight and focussed on what is right and what is wrong.

We cannot speak for yours, of course.

Oreo

volver3 permits no criticism about anything which goes on in Scotland, it’s a bit sad really.

You have to wonder about some judges dontcha?

Ah.

"Prison should not be the first option for people under 25. That's the guidelines".

volver3 You agree with that?