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 Jay Ralston
May 26, 2025
On sentencing, Lord Harrower said:
"Jay Ralston, you have been found guilty of rape, and of behaving in a threatening or abusive manner, contrary to section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010. Both offences were committed whilst on bail.
The complainer was a friend of yours. On 19 October 2022, she arranged to visit you at your flat. She had intended to meet up with another friend that evening, but her plans fell through at the last minute. Because she lived some distance away and had to take the bus into town, it was already well after 10pm by the time she arrived. But she obviously trusted you enough to be alone with you in your flat, late at night.
The complainer brought some alcohol with her to the flat. In evidence, you initially denied having had much to drink. However, you were unable to account for what had happened in the period of more than four hours that had passed between the complainer arriving and 03:28, when she made the first of two calls to the emergency services. When these calls were played in court, you were taken aback by how intoxicated and frantic you sounded. You also claimed that, as a result of surgery, you had a reduced tolerance for alcohol, so by your own account, you must have known what effect the drink would have had on you.
During that four-hour period you subjected a vulnerable young woman to a sustained assault in which you raped her repeatedly. The fact that you were her friend, and that this happened in your flat at a time when she would have found it difficult to get home, was a gross abuse of trust. The fact that you were heavily intoxicated also makes your offending more serious.
Although you were 25 years old at trial, and therefore the guideline for sentencing young persons does not apply, I have taken account of your relative youth and immaturity at the time the offences were committed. As the social work report makes clear, you also have vulnerabilities of your own to contend with. But for these factors, the sentences I am about to impose would have been significantly higher. While the report recommends post-release supervision in order to aid your re-integration into society and enhance public protection, I am not satisfied that this will require the imposition of an extended sentence.
In respect of charge 2, the statutory offence of behaving in a threatening or abusive manner, I must take account of the fact that, although you have never previously served a prison sentence, you do have previous convictions for analogous offences. I will therefore sentence you to a term of imprisonment of 18 months, 3 months of which are attributed to the bail aggravation. That sentence will be backdated to 25 April 2025, when you were remanded in custody.
In respect of charge 1, the offence of rape, I will sentence you to a term of imprisonment of 6 years, 3 months of which are attributed to the bail aggravation. That sentence will also be backdated to 25 April 2025 and served concurrently with the sentence previously imposed. You will be subject to the notification provisions of the Sexual Offences Act 2003 for an indefinite period.
I will also make a non-harassment order such that you may not contact, approach or communicate with the complainer, or attempt to contact, approach or communicate with her, either directly or indirectly, for an indefinite period."