Labour has urged the body overseeing advice on court sentencing to issue guidelines on sexual assault as a matter of urgency in light of the Christopher Daniel controversy.
The 18-year-old dental student from Glasgow was granted an absolute discharge last month despite being found guilty of repeatedly sexually assaulting a six-year-old girl.
Sheriff Gerald Sinclair let Daniel walk away from court after ruling he had been motivated by “entirely inappropriate curiosity” rather than sexual gratification.
Labour said the decision risked “disillusionment” and a loss of public confidence in the courts.
The Sheriff said Daniel was “noticeably immature and socially awkward” and argued any conviction risked damaging his career prospects, adding: “It was fortunate that the complainer appeared to have suffered no injury or long lasting effects.”
Read more: Thousands call for review after youth discharged in sex assault case
The ruling, which was condemned by MSPs, means Daniel, who was 15-17 at the time of the offences, will not be on the sex offenders register or have any criminal record.
Labour justice spokesman Daniel Johnson has now written to the Scottish Sentencing Council calling for an urgent update of guidelines on sexual assault, particularly for children.
In a letter to the Council’s chair, the Lord Justice Clerk Lady Dorrian, he said Sheriff Sinclair’s decision caused “shock and confusion, not only from the public but also organisations like Scottish Rape Crisis”.
He said: “One of the many questions asked about the sentence was whether Christopher Daniel would have been treated leniently if he had not been so academically successful.
“I am deeply concerned that as well as the distress the verdict has caused for the victim’s family, there is a risk of disillusionment and lack of confidence in our sheriffs.”
He noted the Council was already working on developing guidelines on the sentencing of young people, for death by driving, and for environmental and wildlife crime, and asked when it would have guidelines on sexual offences.
He said: “I would ask that in light of the choice not to pass sentence on Christopher Daniel and the public response, the Sentencing Council consider making developing guidelines on sexual assault, giving particular attention to sentencing of young people, a matter of urgency.”
He also asked Lady Dorrian what the Council could do “when there seems to be such disagreement between the view of a sheriff, the families involved and the general public”.
The Scottish Tories last week urged the Lord Advocate James Wolffe QC to reconsider the Crown Office’s decision not to appeal the ruling.
The Scottish Sentencing Council said: “While the Council does not comment on individual cases, which are a matter for the presiding judge, we are aware that sexual offending has increasingly become an area of public concern in recent years.
“Sentencing in such cases often involves difficult decisions in complex circumstances, particularly where the victim, offender, or both, are children.
“We recently announced our intention to develop sentencing guidelines in relation to sexual offences, which we believe will bring significant benefits both to the judiciary and to the public, particularly in explaining how sentencing decisions are reached.
“We are also developing a separate guideline specifically in relation to the sentencing of young people. “Any guidelines developed will be subject to a public consultation in due course.”
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