Scotland has introduced new sentencing guidelines for those under the age of 25 that emphasize rehabilitation rather than punishment to reduce recidivism. Critics, however, have labeled the new guidelines as “misguided” and “dangerous.”
A rape crisis charity is “shocked” that a young man who raped a 13-year-old girl received a “worryingly lenient” term.
Between March and June of 2018, at the age of 17, Sean Hogg assaulted the schoolgirl at Dalkeith Country Park in Midlothian on multiple occasions.
Monday at the High Court in Glasgow, 21-year-old Hogg was sentenced to 270 hours of unpaid community service.
After being convicted guilty by a jury, Hogg, from Hamilton in South Lanarkshire, was also added to the sex offenders’ register and placed under three years of supervision.
Sandy Brindley, chief executive officer of Rape Crisis Scotland, stated, “This is an exceedingly grave case. And we are astounded that the perpetrator has not been given a prison sentence”.
The severity of this crime and its Supreme Court trial make this penalty shockingly lenient.
“Our sympathies are with the victim’s survivor. The release of guilty sexual abusers can be devastating for survivors.
In Scotland, new sentencing guidelines for those under the age of 25 went into effect in January 2022.
The Scottish Sentencing Council recommended a more “individualistic approach” that takes the offender’s life experiences into account.
The modifications were made to reduce recidivism by emphasizing rehabilitation rather than punishment.
The judge deemed imprisonment ‘inappropriate’
During Hogg’s sentencing, Judge Lord Lake stated that rape was one of the “most serious crimes” and that the victim’s consequences would be “long-lasting.”
Lord Lake stated that he had examined the guidelines and determined that incarceration would not aid in his rehabilitation.
“I must consider your liability and age in light of the severity of the offense,” he explained.
“If you commit this offense as an adult over the age of 25, you will be sentenced to four or five years in prison.” That is not acceptable, and I have no intention of sending you to prison.
“You are a first-time offender with no prior prison history; you were 17 at the time and are now 21. This does not convince me that this will aid in your rehabilitation.”
“My worst fears have come true”
Crown Office and Procurator Fiscal Service are evaluating whether or not to take action.
A spokesperson said the Crown will assess the penalty for excessive leniency in all cases.
The Scottish Conservatives have also written to Angela Constance, the new secretary of justice, to request a review of the guidelines in light of the case.
Jamie Greene MSP, the shadow justice secretary, stated, “The public is understandably outraged that this teen-girl rapist avoided incarceration after repeatedly assaulting her.”
“I understand their fury. A community payback order insults the victim, who will be permanently scarred by these attacks.”
“I warned that these new guidelines were misguided and dangerous,” he said. We must cease treating dangerous adult offenders with kid gloves.”
