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End Not Proven

Two weeks ago we launched our Holyrood asks: 6 actions we want candidates and parties to commit to that would improve the landscape for survivors of sexual violence in Scotland.

All of these asks are critical – but today we want to talk about just one: End Not Proven.

Uniquely, Scotland has three verdicts – Guilty, Not Guilty and Not Proven. Not Guilty and Not Proven have the same impact – they are both acquittals, and there are no legal consequences for the accused if they get a Not Proven verdict.

But why does it need to go?

Firstly, the Not Proven verdict is used disproportionately in rape and attempted rape cases. In 2018/19 40% of acquittals in rape and attempted rape cases were Not Proven, compared with 19% of all crimes and offences.