News

Crown Office publishes new rape conviction figures

The Crown Office and Procurator Fiscal Service has today published new figures on rape convictions in Scotland for the period 2008/9. These indicate that 7% of rapes reported to the police resulted in a conviction. While substantially higher than those previously extrapolated from other data made available by the Scottish Government, the new figures continue to show that there is no room for complacency and substantial improvements must yet take place in order to give survivors confidence that they will receive justice for this serious and damaging crime. The new figures also show that in 31% of cases indicted the accused was found or pled guilty.

While there have been some important and welcome changes over the past few years in the way rape is prosecuted in Scotland (for example with the setting up of the National Sexual Crimes Unit), it is worrying that so few cases get to court. The new figures released by the Crown Office show that over a third of rapes reported to the police never even make it as far as the Crown Office. It can take a lot of courage to report a crime like rape to the police, and it can be devastating to find out your case is not going to make it to court. There are grave concerns that this situation will worsen as a consequence of the recent Cadder judgement. Action must be taken to ensure that the prosecution rate for rape does not fall even further.

Efforts must also continue to ensure that data-gathering in this area is rigorous and robust so that clarity around improvements made and those still required can be guaranteed.

Rape Crisis Scotland continues to be contacted by women who feel very let down by the justice system, either because their case did not make it to court, or if it did, resulted in a not proven verdict. It is clear much remains to be done to ensure rape survivors have access to justice.

Rape Crisis Scotland publishes briefing paper on Carloway Review

Following the UK Supreme court’s Cadder ruling last year, the Justice Secretary Kenny MacAskill asked Lord Carloway to undertake a review to consider the implications of the ruling and make recommendations.

The Cadder ruling relates to an accused’s right to legal representation during police questioning, and has had a particular impact on sexual offences.  Due to the difficulties in obtaining corroboration in sexual offences cases (because they often happen in private, with no witnesses) the police prior to Cadder were often reliant on admissions from the accused to help them build a case.  Since the Cadder decision, defence lawyers seem to be routinely advising their clients to make no comment at all during police interviews, which is causing serious difficulties and has the potential to make prosecutions in rape cases even more difficult.

As well as considering questions relating to legal representation for the accused, Lord Carloway has also been considering broader issues relating to evidence, including the requirement for corroboration and whether or not juries should be able to draw an adverse inference if the accused remains silent and refuses to answer any questions. Rape Crisis Scotland has produced a briefing paper outlining our position on these questions raised by the Carloway Review and hope this will be helpful to other agencies planning to respond to the consultation.  Click here to download the RCS briefing paper. The deadline for consultation responses is 3^rd June 2011.

Now is the time to deliver on key pledges on sexual violence

It is now clear that the SNP will be the next Scottish Government. 
Two explicit commitments in their manifesto are of particular interest to anyone concerned with addressing violence against women:  continuing funding for Rape Crisis Scotland and Scottish Women’s Aid, and legislating so that in sexual offence trials judges will direct juries not to take into account any delay in reporting a rape or any apparent lack of resistance from the victim / survivor when reaching their decision.  Two very important pledges with the potential to make a real difference.  Provision of support and access to justice following a crime as traumatic as rape need to be seen as basic human rights.  Rape Crisis Scotland looks forward to the implementation of these commitments and to working with the new Scottish Government to improve responses to sexual violence.

Increase in rape convictions in Scotland

New figures released by the Scottish Government show a significant increase in the proportion of rape cases which reach court leading to a conviction.

Out of 92 rapes prosecuted in 2009-10, there were 41 convictions. This compares with 26 convictions out of 85 rape prosecutions the previous year.

The recorded crime figures for the same year show that there were 884 rapes reported to the police. The proportion of reported rapes leading to a conviction was 4.6%[1], compared to 3% in 2008-09. The majority of reported rapes did not reach court – only approximately 10% of rapes were prosecuted. However, of the rapes prosecuted the conviction rate was 44.6%.

2009-10

2008-09

Rapes recorded by the police

884

821

Number of rapes prosecuted

92

85

Number of convictions

41

26

Recent years have seen significant changes in the way rape is investigated and prosecuted in Scotland. This has included the establishment of a dedicated National Sexual Crimes Unit to oversee the prosecution of sexual offences in Scotland. Rape Crisis Scotland is encouraged to see a quite significant increase in the number of rapes which get to court resulting in a conviction.

It remains, however, a matter of concern that so few rapes ever reach court. Rape is a crime which can take a lot of courage to report to the police, and finding out your case is not going to court can be devastating.

It is clear that much remains to be done, not least in changing attitudes to rape to try to minimize the impact that women blaming attitudes may have on jury deliberations. We hope that these new figures are indicative that as a nation we are moving in the right direction in improving access to justice following rape.