The Scottish public “lacks awareness” about the range and scope of sexual offences, research has indicated.
Rape, child sex crimes and the role of consent are “familiar to members of the public” but they lack a “clear understanding of how some sexual offences were defined”, according to researchers.
Crimes under the Sexual Offences (Scotland) Act 2009 include coercing a person to look at a sexual image, administering a substance for sexual purposes, and voyeurism.
The findings also highlight an “overall perception that sentencing of sexual offences was too lenient” but when survey respondents passed their own sentence based on a real world case, they “expressed surprise” when told “their decision was similar to that of the judge”, the report says.
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The research, Public Perceptions of Sentencing in Scotland, was funded by the Scottish Sentencing Council (SSC) and carried out by ScotCen Social Research through focus groups and interviews with 26 people, including five survivors of sexual offences.
Some respondents said they believe prison should be an option for all kinds of sexual crimes, while others feel jail should be reserved for the most serious offences.
There was “consensus among participants that any kind of sexual offence against minors or offences committed by repeat offenders should always receive a prison sentence” the report added.
Survivors also suggested a “greater account of the impact on victims” should be considered by judges, and that there is a “need for greater support throughout the criminal justice process, including in relation to providing information about sentencing.”
The SSC said the purpose of the research is to “guide its work to promote understanding and awareness of sentencing and to inform its development of guidelines on sexual offences”.
Lord Matthews, senator member of the SSC and member of the sexual offences committee said: “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.
“This research echoes the findings of other studies which have been carried out relating to sentencing.
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“Namely that when surveyed, a majority of people express the view that sentencing is lenient in Scotland. However, when carrying out exercises based on real world scenarios, and asked to consider the matter in more detail, members of the public tend to choose sentences in line with judges.
“This report highlights the need for greater public information on sentencing and how sentences are arrived at.”
Lord Matthews added that sentencing process guidelines are currently lodged with the High Court awaiting approval.
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