A survivor of rape, known as Amelia, is fighting to close a legal loophole that could allow her attacker to contact her once he is released from prison. Protective orders are typically put in place while charges are pending and during the serving of a rape or sexual assault conviction. However, judges have the discretion to grant or reject long-term protective orders upon an offender’s release.
Amelia shared her story of being a student at the University of Edinburgh and experiencing rape and assault by a former boyfriend in 2018. Her attacker was sentenced to over four years in prison in October 2021. Despite this, Amelia fears for her safety once his sentence is completed in October next year. The judge rejected her request for protection, citing her decision to relocate and the lack of contact during the interim interdict.
She has launched a petition urging the Scottish Sentencing Council and Holyrood’s Criminal Justice Committee to automatically grant non-harassment orders (NHOs) to protect victims upon their perpetrators’ release. Amelia emphasized the need for continued protection based on the conviction alone, regardless of relocation or lack of contact during bail.
In response to concerns about sentencing in rape cases, the Scottish Sentencing Council proposed draft sentencing guidelines. While welcomed by Rape Crisis Scotland, survivors like Amelia are calling for mandatory non-harassment orders to be included. Amelia highlighted the vulnerability survivors face when legal protection ends and urged for a more consistent approach to protecting victims post-conviction.
The Scottish Sentencing Council conducted a 12-week public consultation on the draft guidelines. The responses are being analyzed independently, and once the process is complete, the guidelines will be presented to the High Court for approval. The inclusion of non-harassment orders in sentencing for rape is crucial to protect survivors and their families upon the release of convicted rapists. Amelia’s advocacy sheds light on the disparities in granting protective orders and the need for a more victim-centered approach in the justice system.
