Community sentence for rape? If you're as furious as I am, here's what you can do – Ian Murray

The decision not to jail a man who raped a 13-year-old schoolgirl has rightly sparked condemnation and anger.
Action is required if victims of rape are to get justice (Picture: Anna Gowthorpe/PA)Action is required if victims of rape are to get justice (Picture: Anna Gowthorpe/PA)
Action is required if victims of rape are to get justice (Picture: Anna Gowthorpe/PA)

Sean Hogg, now 21, was given just a community sentence after being found guilty. What a disgustingly lenient punishment for someone who, at the age of 17, carried out these sickening attacks in Dalkeith.

My thoughts are with the survivor, her family and friends as they continue to process both what happened and come to terms with this catastrophic failure of our justice system. This case was tried at the High Court given the gravity of the crime, but that gravity has not been at all reflected in the sentence.

Hide Ad
Hide Ad

As a society, there must be zero tolerance for these vile crimes against women and girls. But that needs to come from the very top of the justice system. It simply cannot be right that such abhorrent crimes result in a slap on the wrist. Frankly, I’m disgusted.

While sentencing is, of course, an individual matter for judges, the Scottish Government sets the guidelines they must follow and they effectively say that someone under 25 isn’t of a developed enough mind to be sent to jail for rape in most cases. The life-long trauma that rape inflicts on women and girls is enough without the added knowledge that their rapists may be let off on the grounds they’re too immature to handle to consequences. They were mature enough to carry out such a heinous attack.

Humza Yousaf cannot simply look the other way as he has tried to do so far. While rehabilitation has a vital role to play in our justice system, there should have no alternative to a custodial sentence for rape. The Crown Office has said it will consider whether to appeal against the sentence on the grounds that it was unduly lenient. Otherwise, if the sentencing stands, it sets out the most extraordinary precedent.

The Scottish Sentencing Council has also said it will consult with the public on fresh rape sentencing guidelines, and if you’re as furious as I am, I urge you to participate. This devastating decision comes as new data reveals that 1,535 girls under 16 were raped or sexually assaulted in Scotland last year. How can we hope to reduce these numbers to zero if the perpetrators know that they might avoid jail?

Hide Ad
Hide Ad

The challenges in our justice system are too often overlooked. The nationalists have cut police budgets to the bone, and officers are being pushed to their limit. But this is not an issue unique to Scotland.

Last year, England and Wales recorded the highest number of rapes and sexual offences in two decades. Under the Tories, who once claimed to be tough on crime but have lost any right to that epithet, rape-charge rates are as low as 1.6 per cent. Rapists are unlikely to see the inside of a court, let alone prison.

Labour has put forward plans to have rape and serious sexual offences units in every police force. That’s the kind of measure we need to ensure victims get the justice they deserve and women feel safe.

Ian Murray is Labour MP for Edinburgh South

The Rape Crisis Scotland helpline is available daily from 5pm to midnight. Call 08088 010302, text 07527 410027, webchat on www.rapecrisisscotland.org.uk or email [email protected]