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  4. Research reveals public's views of sex crime sentencing

Research reveals public's views of sex crime sentencing

8th July 2021 | criminal law | Criminal legal aid

Public perceptions of sentencing for sexual offences often do not match what happens in court, according to independent research for the Scottish Sentencing Council published today.

The Council commissioned the research to help guide its work to promote understanding and awareness of sentencing and to inform its development of guidelines on sexual offences. The research used focus groups and interviews to examine awareness and understanding of sexual offences among the public, views on the factors which should be taken into account when sentencing, and perceptions of current practice, including a sentencing exercise using a real world case.

The research found a lack of awareness of the offences created by the Sexual Offences (Scotland) Act 2009 and what they involve, and suggests there would be benefit in engaging with the public on the range and scope of sexual offences, particularly those introduced by the Act.

It also highlights the role of the media in influencing perceptions of sentencing and in raising awareness of sentencing and offending behaviour. While there was an overall perception that sentencing of sexual offences was too lenient, when members of the public gave a sentence in an exercise based on a real world case, their decision was similar to that of the judge – to their surprise.

Participants acknowledged the need to maintain flexibility and judicial discretion in sentencing to allow the individual circumstances of the case to be taken into account, but they also said they found it difficult to understand why sentences for similar cases can vary, perceiving this as inconsistency.

As with other such research carried out for the Council, participants thought that greater transparency in sentencing is needed and that guidelines will provide consistency.

Members of the public also felt that the risk of reoffending and the protection of the public were important factors to consider during sentencing. While they had mixed views on the use of imprisonment for sexual offences, there was consensus that sentencing should address offending behaviour and that offenders should have access to support to aid rehabilitation.

There were differing views on how courts should take account of harm. Some were of the view that because the impact can differ from one victim or survivor to another, all sexual offences had the potential to be equally harmful; others felt that offences involving contact (such as rape and sexual assault) were more harmful than non-contact offences (such as voyeurism or sexual exposure).

Similarly there was no consensus on whether sentencing should take account of the personal circumstances of the offender and their remorse.

Survivors of sexual offences also contributed to the research, sharing their views on sentencing and related experiences of the justice system. Survivors felt that greater account should be taken of the impact on victims, and stated a need for greater support throughout the criminal justice process, including in relation to providing information about sentencing. Improving timescales for sentencing, with timely provision of pre-sentence reports, as well as for the wider justice process would be helpful in addressing the distress that can be caused by uncertainty.

Some survivors spoke about their experience in producing a victim statement, noting that it was an emotionally challenging but worthwhile process, although they felt that additional support would be helpful. It was also suggested that additional supporting evidence, such as statements from medical professionals, should be taken into account in sentencing.

The independently conducted research was carried out on the Council’s behalf by ScotCen Social Research. 

Lord Matthews, senator member of the Council and member of the Sexual Offences Committee commented: "We would like to thank all those who took part in the study. We are especially grateful to the survivors who bravely shared their experiences of the criminal justice system and their views on sentencing. We will carefully consider the full findings of this and other research in development of the guidelines, which we hope will provide greater clarity and predictability for everyone. Where concerns are raised which fall outside of the remit of the Council, we will share these findings with the relevant organisations and Government."

He added: "This report highlights the need for greater public information on sentencing and how sentences are arrived at. We hope that in part this will be addressed by sentencing guidelines, in particular the sentencing process guideline which has been submitted to the High Court for approval.  In addition to guidelines, we will consider what other work we can take forward, in conjunction with others, to increase public knowledge and awareness on sentencing for these offences."

Click here to view the research report.

 

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