SENTENCING STATEMENTS
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When deciding a sentence, a judge must deal with the offence that the offender has been convicted of, taking into account the unique circumstances of each particular case. The judge will carefully consider the facts that are presented to the Court by both the prosecution and by the defence.
For more information about how judges decide sentences; what sentences are available; and matters such as temporary release, see the independent Scottish Sentencing Council website.
Read more about victims of crime and sentencing.
HMA v Drew Rodger
Feb 27, 2025
On sentencing, Lord Harrower said:
"Drew Rodger, at the High Court in Kilmarnock, you were found guilty of raping your then partner.
From the complainer’s evidence, it seems that you returned home, having been drinking, and demanded attention from her while she was on the phone. She asked you to stop, and managed to get you into another room. However, you came back while she was still on her phone, and pushed her, knocking the phone out of her hand. You then pulled down her jogging bottoms, and penetrated her anus with your penis until you ejaculated. According to the complainer, you said, 'This is what girls like you deserve, girls that answer back', before leaving the room as if nothing had happened. You must have known you had done wrong though, because only the day after, in a telephone conversation recorded by the complainer, you admitted that you had raped her. You apologised and said you wouldn’t do it again. At the trial, you claimed to have understood the word “rape” to mean consensual sex. But if that were true, it is difficult to understand why you thought it necessary to apologise. You chose not to repeat this claim in your interview with the social worker, stating only that you were drunk when the call was made. The complainer’s victim impact statement confirms that you have caused her serious, long-term, psychological harm.
Mr Rodger, you are now 29 years’ old. Therefore the Scottish Sentencing Council’s guideline for sentencing young people does not apply. However, in assessing culpability, I have taken account of your age and maturity at the time the offence was committed. I have also taken account of your learning difficulties and the fact that you attended a special needs school. You have no previous convictions for sexual offending, but you do have two convictions for assaulting the same complainer and for the statutory offence of improper use of a public electronic communications network. Both of these offences were aggravated by involving abuse of a partner or ex-partner. The social worker has concluded that you present with a medium risk of re-offending, and that a lot of work will require to be done in custody to address your needs.
Taking everything into account, I am satisfied that a significant custodial sentence is necessary in your case. I sentence you to a period of 5 years’ imprisonment, backdated to 29 January 2025 when you were remanded in custody. I have attributed 6 months of that period to the domestic aggravation. You will be subject to the notification provisions of the Sexual Offences Act 2003 indefinitely. I will make a non-harassment order such that you may not contact, approach or communicate with the complainer, or attempt to do any of these things, for an indefinite period."