GORDON JORDAN MCKAY SENTENCED FOR RAPE IN LOCHGELLY AT GLASGOW HIGH COURT

At the Glasgow High Court on June 23, 2023, Judge Alistair Watson delivered a severe sentence to Gordon Jordan McKay following his conviction for a serious sexual offense. The court sentenced McKay to an extended term of six years, which includes a custodial period of three years, reflecting the gravity of his crime and the need for public protection.

Judge Watson addressed McKay directly during the sentencing, stating, “Gordon Jordan McKay, you have been found guilty by the jury of charge 3 on the indictment, which pertains to a rape committed in December 2020 at an address in Lochgelly, Fife, when you were just 19 years old. Additionally, you are to be sentenced for charges 2 and 4, to which you pled guilty. These charges involve the theft of items from the same victim and your failure to attend a court diet related to this matter.”

The judge elaborated on the circumstances surrounding the rape, revealing that McKay and the victim had met in the days prior to the assault and appeared to have developed some form of relationship. However, the court found that McKay exploited the victim’s vulnerability, which was evident as she was sleeping in his home at the time of the assault. The judge emphasized that the victim was in a state where she could not give consent, and McKay’s actions were committed while she was asleep. Despite her waking and attempting to stop him, McKay continued his assault, showing a blatant disregard for her rights and well-being.

Throughout the proceedings, McKay denied any guilt, a stance that the jury rejected. The court noted that he had shown no remorse or contrition for his actions. It was also established that prior to the trial, McKay admitted to stealing property belonging to the victim before leaving the scene after the assault. Furthermore, he had failed to attend court on a previous occasion, which resulted in his remand in custody since February 3, 2023.

In considering the sentence, Judge Watson highlighted the seriousness of the rape, McKay’s lack of remorse, and his conduct during the legal process. The court’s assessment, supported by a report, indicated that McKay posed a significant sexual risk to adult females. Given his age at the time of the offense and his background, which included an unstable childhood and a pattern of petty crime, the judge expressed concern about his future conduct. The report suggested that McKay’s criminal behavior had escalated over time, and he appeared to be an immature young man who would likely continue offending unless he received appropriate support and intervention.

In accordance with the Scottish Sentencing Council’s guidelines for young offenders, the court took into account McKay’s youth, immaturity, and potential for rehabilitation, alongside the gravity of his crime and its impact on the victim. After weighing all these factors, Judge Watson concluded that an extended sentence was necessary to protect the public, especially adult females, from further harm. The total sentence of six years comprises a three-year custodial period and a subsequent three-year period of supervised release in the community. During this community phase, McKay will be subject to strict supervision and must adhere to the conditions set by his supervising officers. Failure to comply could result in his return to prison to serve the remaining sentence.

The judge also noted that if McKay had been more mature, a longer custodial sentence might have been imposed. The primary goal of this sentence is to monitor his conduct post-release and to ensure he receives the support needed for rehabilitation.

Regarding the other charges, charge 2 involved less serious conduct and was part of the same incident as the rape. The court initially considered a six-month sentence but adjusted it to five months to reflect McKay’s guilty plea. This sentence will run concurrently with the main sentence. Charge 4, which involved his failure to attend court, had already resulted in his remand since February 3, 2023. The court acknowledged that this period in custody effectively served as punishment for that failure, and thus, no additional sentence was imposed for this charge. The six-year extended sentence will commence from today’s date.

Finally, as a consequence of his conviction for rape, McKay will be subject to indefinite registration under the Sexual Offences Act 2003, ensuring ongoing monitoring of his activities to prevent further harm to the community.