Dr Graeme Brown, of the University of Aberdeen, said the development of Scotland’s first formal sentencing guidance for sexual offences had been marked by delay and complacency. He argued that during that period “too many victims of rape have seen their abusers receive unduly lenient sentences”.

“An apology from the Council for the inordinate delay in preparing the guidelines is the very least that these victims deserve,” he said.

The Scottish Sentencing Council (SSC) announced in October 2018 that it would prepare guidelines on sexual offences. Draft proposals were not published until July 2024 and were approved by the High Court last December. The guidance comes into force on March 3. Although judges must have regard to the guidelines, they may depart from them if reasons are given.

Dr Brown said the need for guidance had been underscored by 11 successful Crown appeals against sentence between December 2022 and August 2025. 

He said: “The Council’s complacency and the glacial pace at which the guidelines were developed, particularly in the face of the number of successful Crown appeals against sentence in cases of rape, is nothing short of a national disgrace.”

He added: “The English methodology, largely reproduced in the Council’s guidelines on rape, fails to appreciate the often complex nature of offending and its ‘broad brush’ approach has the potential to result in serious injustice.”

Dr Brown argued that sentencing for rape in Scotland has become “too prescriptive” and overly aligned with English practice, which he said sits uneasily with traditional Scottish judicial discretion. While custodial sentences should remain the norm, he suggested that in extremely rare cases a non-custodial disposal may be appropriate, yet the new framework may constrain such flexibility. At the same time, he contended that sentencing ranges still lag behind those in comparable jurisdictions.

A spokeswoman for the SSC said research has shown “comparisons with other jurisdictions are fraught with difficulty”. She added: “The Council’s sentencing guidelines on rape offences are Scottish guidelines prepared for the country’s distinct legal system.”