News
Statement on Inspection of COPFS practice in relation to sections 274 and 275 of the Criminal Procedure (Scotland) Act 1995
This is a welcome, important and timely review. For survivors, the prospect of their sexual history or private life being brought up in court often forms part of the fear about reporting rape. When it happens, it can add significantly to the distress and violation experienced by rape complainers in court.
There are significant gaps in the available data around what is happening with this type of evidence, with the last published research based on cases from 2004-05.
Today’s review shows a significant decline in the number of applications being made which relate to a complainer’s sexual history other than with the accused, dropping from 20% in previous research to 3% today. This suggests that significant progress has been made in excluding irrelevant and prejudicial information about complainers’ sexual history from rape trials.
Statement on Glasgow Clan signing
Earlier this year, we were deeply disappointed by Raith Rovers FC's decision to David Goodwillie, who was found by a senior judge to be a rapist. Yesterday, we found ourselves again discouraged by the actions of management in Scottish sports when Glasgow Clan ice hockey club announced the signing of Lasse Uusivirta, who was arrested on allegations of a rape charge in the US in 2013 and left the country before he could be brought to trial.
Signing men who have been accused of sexual crimes sends the entirely wrong message, it says that men's athletic abilities are worth more than the lives of the women they've harmed. These decisions can be retraumatising for survivors and decision-makers must be held accountable for the harm caused by their actions.
Rape Crisis Scotland position on restorative justice in sexual offence cases
Earlier this year, it was announced that survivors of rape and domestic abuse in Scotland will be able to access restorative justice for the first time. This refers to a voluntary process of facilitated contact between survivors and their convicted perpetrators.
Not Proven: An Update
We welcome the independent analysis, released yesterday by the Scottish Government (read it here), on the response to the consultation on The Not Proven Verdict and Related Reforms, and particularly the clear majority support for the removal of the Not Proven verdict.
For most people who have experienced sexual crimes in Scotland the justice system in its current state is, quite simply, not working. The conviction rate for rape and attempted rape remains stubbornly low, the lowest of any crime type, and it has been this way for over a decade. We need action, and we need it now.
Rape Crisis Scotland calls for bold action as conviction rates for rape and attempted rape remain lowest of all crimes for the last ten years.
New figures released by the Scottish Government in June 2022 reveal that rape and attempted rape has had the lowest conviction rate of all crimes each year for the last decade.
In 2021-22, just 51% of rape and attempted rape trials resulted in a conviction, compared to a 91% overall conviction rate. The number of convictions also decreased by 40% from 130 in 2019-20 to just 78 in 2020-21.
RSSLatest posts
- Our response to Lord’s Advocate’s letter
- We talk a lot about the rise of rape and sexual violence, let’s talk about how to stop it
- Statement: Supreme Court ruling on Daly v HM Advocate; Keir v HM Advocate
- An open letter: Women against the Far Right Scotland
- ‘Today has given survivors back their voice’: Campaigners celebrate removal of not proven verdict
