'Girls and women are entitled to the protection of the state at all times.' ✍ Soryia
We recently heard about a case where an incredibly brave young woman waived her right to anonymity as a rape victim to protest against the decision by the Crown Office not to prosecute her alleged assailant.
This case has caused widespread outrage. Sadly, it is now apparent that it is not a one-off. How on earth has this happened? How can women and girls have confidence in the criminal justice system to deal with their safety when alleged perpetrators are not prosecuted? Application of these guidelines has produced decisions such as the case of Sean Hogg, another rape case, where the judge stated that he had to impose a lesser sentence because of Hogg’s age.
In making criminal justice policy, governments must take into account the rights of the accused, the victims and the protection of society as a whole. In the case of the young woman and other young victims, they have been let down by the insensitive application of a scheme authorised by the Scottish Government, and by sentencing guidelines, which were introduced without proper consideration of their potential application in cases involving sexual violence.
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