SENTENCING STATEMENTS

On sentencing, Lord Arthurson told Clark:

"Kris Clark, on 27 October 2023, at Edinburgh High Court, you were convicted by a jury of 12 charges related to offences against three women over a period of some 10 years, that offending including the rape of two women and the sexual coercion of two women in truly appalling circumstances.

The convictions returned by the jury were in the following terms:  two charges of stalking, in contravention of the Criminal Justice (Scotland) Act 2010 section 39(1);  two charges of engaging in a course of conduct which was abusive of a partner or ex‑partner, in contravention of the Domestic Abuse (Scotland) Act 2018 section 1;  two charges of sexual assault, in contravention of the Sexual Offences (Scotland) Act 2009 section 3;  one charge of sexual assault by penetration, in contravention of the 2009 Act section 2;  one charge of attempted sexual coercion, in contravention of the 2009 Act section 4 and another, separate charge of sexual coercion, also in contravention of section 4 of that Act;  one composite charge libelling sexual coercion in terms of section 4 of the 2009 Act and also libelling the coercion of a person to be present during a sexual activity in terms of the 2009 Act section 5;  and, finally, two charges of rape, in contravention of the Sexual Offences (Scotland) Act 2009 section 1.

It was clear from the evidence presented, in which video recordings of your depraved behaviour required to be played to the jury, that you were at the time of your offending, lost in a world of sexual deviance in which you repeatedly used and abused the women you came into contact with in a wholly degrading manner, all for your own perverted gratification.  That you had clearly lost all human decency as you pursued this course of gravely criminal behaviour was apparent in the evidence led at your trial regarding the treatment by you of your victims.  You caused or compelled the termination of the pregnancy of two of your victims.  Your sexual coercion included the compulsion of a victim to engage in sexual activity with multiple males without her consent, including vaginal, anal and oral penetration, all watched, directed and video recorded by you.  The terms of the charges of this nature and indeed the other charges on this indictment are detailed, vivid, and highly disturbing.

You are now aged 37.  You have a short summary level record of previous convictions, including one domestically aggravated conviction for threatening and abusive behaviour.  A lengthy criminal justice social work report and risk assessment has been prepared in respect of you for this morning’s sentencing hearing.  It confirms what was obvious from the evidence presented at trial, namely that you present a high risk of harm to women.  The author expressly requests the imposition by the court of a significant period of post release supervision in order to seek to maximise the potential for effective public protection.

I have listened with care to the submissions advanced on your behalf in mitigation by your senior counsel.  You have a long‑term cocaine addiction and issues with alcohol, and have taken some responsibility for your offending.  You also have a good employment history.  You are the father of two children.  You appear at present to have the support of your current partner.

Turning now to disposal, it is plain from the range, duration and gravity of the offending before the court that only a very substantial custodial sentence is appropriate.  On the basis of the nature of your crimes in this case and having regard to the terms of the risk assessment material now available, it is further clear that the normal period of licence would not be adequate to protect the public, and in particular women with whom you might in the future form a relationship, from serious harm from you when you are in due course released.  I propose therefore to impose upon you today an extended sentence.  This sentence will be in two parts.  The first part will be custodial.  The second part will take the form of an extension period when you will be under supervision while on licence in the community.  The conditions of your licence will be set by Scottish Ministers.  If you fail to comply with these licence conditions during the extension period your licence will be revoked and you may be returned to custody for a further period in respect of this indictment.  The court also has power to deal with you if you commit a further offence after your release from the custodial part of this sentence while you are on licence and under supervision.

You abused, sexually coerced and used sexual violence towards your victims over a prolonged period.  The damage inflicted by you upon them by your abhorrent criminal conduct will undoubtedly be long‑lasting and potentially incalculable in its nature.  In the whole circumstances I now therefore sentence you on this indictment as follows.  On charges 2, 3, 4, 6, 9, 11, 12, 13, 14, 15, 16 and 17, on an in cumulo basis, you will serve an extended sentence of 15 years duration.  The custodial part will comprise a period of 10 years.  The extension period will be one of 5 years.  It is very much to be hoped that this lengthy extension period will contribute towards your safe re‑integration into the community in due course.  This sentence will be backdated to 24 June 2021, being the date of your initial remand into custody in this case.

You will henceforth in respect of the sexual offences on this indictment be subject to the notification requirements contained in Part 2 of the Sexual Offences Act 2003 for an indefinite period.

Finally, I make non-harassment orders in respect of two of the complainers. The terms of these orders are that you will not approach or contact or attempt to approach or contact either of them. These orders will run for an indefinite period."