News

Comment: Miss M speaks ahead of vote to scrap not proven verdict

A rape survivor at centre of the campaign to remove the not proven verdict has spoken out ahead of the final stage of the Victims, Witnesses and Justice Reform Bill debate.

Miss M – a survivor at the centre of a landmark civil rape case – launched the End Not Proven campaign with Rape Crisis Scotland in 2018.

Following a not proven verdict in a criminal trial in 2015, Miss M successfully sued Stephen Coxen in the civil courts, in what was the first civil damages action for rape following an unsuccessful criminal prosecution in almost 100 years.

Read more: The woman who sued over rape: ‘I needed to speak up’

Speaking ahead of tomorrow’s (Tuesday) debate, Miss M said: “When I received a ‘not proven’ verdict, I was left confused and angered by a system I’d put all my hope in.

“The ‘not proven’ verdict didn’t provide an end to this harrowing process, and it certainly didn’t bring closure. It was an insult to the trauma I had been through and to the tenacity I had shown over the years leading up to trial.

“After my criminal rape trial, I decided to go back to court and spent three years pursuing a civil rape case against Stephen Coxen. I needed closure and for someone to finally make a decision.

“I started this campaign alongside Rape Crisis Scotland and was shocked to understand the different definitions that organisations had for the not proven verdict.

“There is no difference between not guilty and not proven and I wanted this to be known.

“Together survivors and their families have shared their experiences of being failed by a not proven verdict. The research has shown it is misunderstood and used disproportionately in sexual offence cases.

“This week we wait to hear what the outcome of the final vote will be. I still can’t quite believe the campaign has got to this stage, but it shows the strength of every survivor who has spoken up.”

As well as the end to not proven, Rape Crisis Scotland also supports the creation of a new Sexual Offence Court.

A new briefing outlines the areas of bill that it believes will affect survivors of rape and sexual violence, including trauma-informed practice and further protections for survivors of sexual violence.

Rape Crisis Scotland chief executive Sandy Brindley said: “This bill is a once-in-a-generation opportunity to improve the criminal justice system for survivors of rape and sexual violence. After years of tireless campaigning and the survivors who have shared their experiences, we are finally on the cusp of change that has been desperately needed for so long.

“Survivors have told us repeatedly that a Not Proven can be completely devastating, providing no closure, and making it difficult to move on. It is an ambiguous verdict which confuses jurors and the public, and we will be glad to see it removed.

“Too many survivors tell us about the trauma and distress caused by the criminal justice process. There is a clear and compelling need for change – so we are glad that the bill also presents an opportunity to create a new Sexual Offences Court, which will streamline the management of sexual offences, prioritise trauma-informed practice, and help cut the unnecessary delays faced by survivors of sexual violence.

“While the bill takes many positive steps, we have serious concerns about the proposed increase to the jury majority and the effect on rape and sexual offence cases. Conviction rates are terrifyingly low, research suggests a reluctance to convict rape cases, and deep-rooted societal prejudices around sexual violence affect public attitudes and jury decision-making every day. There is a real concern that convictions will drop even further under these plans.”