Scotland’s top prosecutor is considering appealing the sentence of a Perthshire triple rapist handed just twelve months in prison for one of his sickening crimes
The Lord Advocate may demand a review in the case of Ruaraidh McCartney, now 29, who was given the lenient sentence because of his age when the crime was committed.
Meanwhile, the Scottish organisation responsible for preparing sentencing advice for the courts will review controversial guidelines that led to rapists being spared jail because they were under 25.
The Scottish Sentencing Council will “examine the impact on sentencing practice” as outrage continues over offenders such as Sean Hogg, 22, avoiding prison after repeatedly raping a 13-year-old girl.
We can reveal the significant moves just a week after Perthshire woman, Carrie Davidson, McCartney’s first victim, bravely chose to show the horrific injuries the triple rapist inflicted upon her during the three-hour ordeal that left her fearing she would die.
Victim ‘wanted to scream’ after Ruaraidh McCartney sentencing
Hairdresser Carrie, 29, from Comrie, took the decision to show just what McCartney was capable of in protest over the sentencing guidelines for under-25s which have seen child rapists like Hogg getting community service and serial offenders like McCartney receiving sentences described by victims as “pathetic”.
Carrie told our sister paper The Sunday Post: “I wanted to scream when the judge sentenced McCartney to just one year in jail for raping me.
“Today there are tears of relief knowing the Lord Advocate is considering appealing McCartney’s lenient sentence, and the guidelines on youth sentencing will be reviewed.
“Teenage rapists and violent offenders should never be sentenced according to their age. Guidelines that led to these scandalously lenient sentences must be scrapped immediately as they are not for purpose.
“The need to protect society and placing victims first should be foremost in our criminal justice system. That clearly has not been happening in these controversial cases.”
Carrie said she and other victims are “depending” on politicians and the Lord Advocate taking a stance against age-related sentencing.
She said: “Unless urgent steps are taken to correct these appalling injustices, why would victims even think about coming forward in future?
“What would be the point of putting themselves through the trauma of a trial only to see their attackers receive joke sentences?
“The chance of getting justice was shamefully slim before youth sentencing guidelines were introduced.
“These ill-conceived guidelines have proved to be making a bad situation even worse, dragging the justice system back into the dark ages. Age-related sentencing is completely inappropriate for crimes of rape and serious violence.”
‘Nobody can turn the clock back’
McCartney’s second rape victim, ensnared by the baby-faced farm hand while he was “out on a tag” for battering Carrie, is relieved he now potentially faces a longer sentence on appeal.
The teacher, who has moved to another part of the country to rebuild her life after the trauma, said: “Nobody can turn the clock back on what McCartney did to us. We are having to live with that. But I am thoroughly relieved the Lord Advocate is considering an appeal.
“A tougher sentence is the only thing that can deter him from continuing to rape and abuse in future. McCartney has consistently refused to accept he has done anything wrong, so the only way to protect future victims is to see him kept behind bars.”
The Crown Office and Procurator Fiscal Service has confirmed it is “giving careful consideration to the question of marking an appeal in this case”.
It is also set to appeal the sentence given to Hogg, who received 270 hours’ community service for repeatedly raping a 13-year-old girl at Dalkeith Country Park five years ago.
Hogg, whose lawyers are attempting to appeal his conviction, was 17 when the rapes took place.
The Scottish Government said: “The independent Scottish Sentencing Council is undertaking a review of the young people guideline to assess how it is operating, as required by law. The Scottish Government supports that review.”
