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‘Today has given survivors back their voice’: Campaigners celebrate removal of not proven verdict

Scrapping the not proven verdict has “given survivors and their families back their voice”, a rape survivor has said.

Today the Scottish Parliament voted through the landmark Victims, Witnesses and Justice Reform Bill, which includes the removal of the not proven verdict.

It follows years of tireless campaigning by survivors of rape, including a woman known only as Miss M, who 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 her rapist 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.

However, Rape Crisis Scotland warned that an increased to jury majority will raise “will undoubtedly make survivors’ fight for justice even harder”.

The End Not Proven campaign

Speaking after the vote, Miss M said: “When I started this campaign to remove the not proven verdict alongside Rape Crisis Scotland, the dream was just not to remove the not proven verdict but to highlight how misunderstood and damaging it was.

“This year marks 10 years since Stephen Coxen received a not proven verdict during my criminal rape trial. Throughout the campaign, people were shocked to hear I’d have preferred a not guilty verdict over a not proven verdict, but I’ve always said there is no difference between not proven and not guilty; at least with a not guilty verdict, the jury make a decision.

“Today the removal of the not proven verdict has given survivors and their families back their voice. We have all spoken up about how damaging this verdict is. Today we have been listened to and the improvements to the legal system are going to make it fairer and clearer going forward.

“To know that another rape victim isn’t going to experience what I had to go through after my criminal trial ended is the very reason I’ve invested so much time and energy into this campaign.”

The not proven verdict is currently used disproportionately in cases of rape and other sexual offences, and the conviction rate for rape is the lowest of any crime type in Scotland.

In 2022/23, 48 per cent of rape and attempted rape cases resulted in convictions, the lowest rate for any type of crime, compared to an overall conviction rate of 88%. In 2022-23, Not Proven made up 61% of rape and attempted rape acquittals, compared to an overall rate of 22% for all criminal offences.

The Victims, Witnesses and Justice Reform Bill will also raise the threshold for juries, requiring a two-thirds majority to return a guilty verdict.

It also includes the creation of a specialist sexual offences court.

Rape Crisis Scotland chief executive Sandy Brindley said: “Miss M and countless other survivors have campaigned tirelessly to remove the not proven verdict. Their experiences represent the many people across Scotland who have been let down by not proven – a verdict that was impossible to define, confused jurors and the wider public, prevented closure for victims, and was ultimately no different than a verdict of not guilty.

“Many survivors tell us about the trauma and distress caused by the criminal justice process – so we are also glad that the bill will see the creation of a new Sexual Offences Court, which we hope will streamline the management of sexual offences, reduce trauma for survivors of sexual violence, and help cut the unnecessary delays in the court system.

“However, while the bill takes many positive steps, we have serious concerns about the increase to the jury majority and the negative effect that this will almost certainly have on rape and sexual offence cases. Conviction rates are already terrifyingly low, and many police reports don’t make it to court. Meanwhile, research shows a reluctance to convict rape cases and deep-rooted prejudices around sexual violence affect public attitudes and jury decision-making every day. An increased jury majority will undoubtedly make survivors’ fight for justice even harder.”