The decision not to jail Sean Hogg, who raped a 13 year old girls at the age of 17, has been widely condemned by rape victims, support groups advocating for such victims, and politicians across the political spectrum. The unexpectedly lenient sentence, which threatens to set a future precedent, shows how a justice system which places an unbalanced emphasis on rehabilitation over deterrence or protection can make society feel more unsafe, and dissuade other victims of rape from coming forward.
Rape Crisis Scotland released a statement saying: “We are shocked that the perpetrator of the rape of a 13 year old girl has not received a custodial sentence.
Given the gravity of this crime and the fact it was tried at the high court, this sentence appears to us to be worryingly lenient. Our thoughts are with the survivor of this crime”.
These sentiments were also expressed by Ellie Wilson, who has been campaigning for victims of rape since her rapist was jailed last year. She described the sentence as “inadequate”.
Politicians from all political parties have expressed their concern at the sentence, and its wider implications. Jamie Greene, the justice spokesman for the Scottish Conservative party, said of the public reaction:
“I share their anger. The so-called punishment of a community payback order is a total insult to the victim in this case, who will be scarred for life by these attacks.
Judges hands are being increasingly tied as the have to follow guidelines which effectively say adults under 25 should not be going to prison unless all other avenues have been exhausted”.
In response to the decision, he called for a review of sentencing guidelines.
Even the First Minister Humza Yousaf, who has been a proponent of a rehabilitation-focused justice system, said that he “can understand why people have concern about the sentence that has been given in this case”. However, he declined to offer any further information about how the Scottish Government would address the decision, citing the potential appeal to the sentence which was being considered.
In any justice system, delivering a sentence which is not unduly punitive to the defendant is an important aspect. However, in this case it is clear that the sentence has gone too far potentially jeopardising the safety and well-being of the victim, which should always be prioritised. Because of this, the public are now questioning the efficacy of the Scottish Government’s soft touch approach to sentencing, which led to new guidelines for sentencing under 25s being introduced in January 2022. It is vital that the Scottish Conservatives continue to offer an alternative approach to justice which strikes the correct balance between encouraging rehabilitation of criminals, and offers adequate support for victims with sentencing that acts as a deterrence against future crime. As the debacle over this decision shows, the current balance is not one which works in the interests of both victims of sexual assault, or the protection of wider Scottish society.