Crown Office and Procurator Fiscal Service News Release
25 June 2010
SERIOUS SEXUAL OFFENDERS ARE BEING BROUGHT TO JUSTICE, EXPLAINS SOLICITOR GENERAL
The challenges in the prosecution of rape must not deter victims from reporting sexual crimes, the Solicitor General, Frank Mulholland QC, said today.
Mr Mulholland said:
"The challenges in the prosecution of rape cases should not deter victims from reporting rape and sexual abuse to the police. Following the setting up of Area Sexual Offence Teams and the National Sexual Crimes Unit prosecutors and investigators are skilled and better able to deal with these cases sensitively and effectively. The conviction rate for rape in Scotland must not be allowed to create a self fulfilling pessimism that we are not successful in prosecuting serious sexual crime, including rape, which would deter victims from reporting these crimes.
"Overall there is a high conviction rate for sexual offences prosecuted in Courts in Scotland with latest statistics showing a strong conviction rate, with 80% of accused persons prosecuted for sexual offences in court convicted and 35% of those accused prosecuted in court for rape or attempted rape convicted.
Mr Mulholland added that erroneous and outdated attitudes must also continue to be challenged to give victims greater confidence that they will not be 'blamed' for the sexual assaults they suffer.
"The myth of 'contributory negligence' for example - that victims under the influence of alcohol or who dress in a particular way are partly responsible for sexual assaults - remains a challenge in securing convictions in rape cases. Such attitudes must be challenged if we are to overcome the prejudices held by some members of the public in rape cases."
"We will continue to lead expert evidence in appropriate cases to explain to juries about the counter-intuitive responses - such as delayed reporting or delayed distress - which are often associated with a victim's behaviour after the crime. This evidence will explain victim's behaviour and put it into context, to ensure that juries have as full a picture as possible.
Mr Mulholland paid tribute to recent progress in the prosecution of sexual offences, with 500 prosecutors and investigators having received specialist training.
"A year ago we implemented all 50 recommendations arising from the Review of Sexual Offences. We have set up specialist Sexual Offences Teams around the country and launched the specialist National Sexual Crimes Unit at the Crown Office.
"In the past year, we can reflect on many successful prosecutions for rape, child sexual abuse, and other serious sexual crimes.
"We recognise that reporting cases of sexual abuse or rape can be an extremely daunting prospect, and that the idea of recounting such a harrowing experience to the police or to a court can sometimes seem overwhelming.
"But I want to send a message of reassurance to all victims who are unsure of whether to come forward. We have dedicated trained specialists in your area who will work alongside our dedicated prosecutors in the National Sexual Crimes Unit to ensure that these crimes are investigated thoroughly and sensitively and prosecuted professionally."
ENDS
Notes to Editors
1. The Lord Advocate's Review of Sexual Offences, published in 2006, made 50 recommendations, including the introduction of specialist training on the investigation and prosecution of rape and other sexual offences. All 50 recommendations were implemented by the Summer of 2009.
2. More than 500 staff have received specialist training which covers both legal and investigative guidance, and sessions on the emotional and psychological impact of sexual crime on its victims. COPFS has also developed advanced advocacy training for lawyers who prosecute sexual offences to improve court skills and attain best practice in the prosecution of such challenging cases.
3. The National Sexual Crimes Unit is based at the Crown Office in Edinburgh and includes a dedicated team of specialist Crown Counsel who are involved in criminal investigation from the earliest stages, providing advice and expertise to Procurators Fiscal. The Unit also includes a dedicated team of specialist Procurators Fiscal. The specialist team of Crown Counsel is headed by Derek Ogg, QC, Assistant Principal Advocate Depute. The type of cases which the new National Unit undertake includes rape, sexual abuse, child pornography, sexually motivated murder and people trafficking for sexual exploitation.
4. It should be noted that some crimes that are initially reported as rape may depending on the evidence result in prosecutions and convictions for other sexual offences. Sometimes cases are libelled as rape for evidential reasons, when it is known that the crime of rape will not prove, as proposed by the Appeal Court, in May 2008, to allow the victim to speak to the whole incident.
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