Conviction Rates for Rape Charges
Charges Reported: 1 April 2007 to 31 March 2008
In June 2009 The Crown Office and Procurator Fiscal Service (COPFS) published information about the conviction rates for rape in cases reported to the Procurator Fiscal, in the year 2006/07, as well as other statistical information published by the Scottish Government which provides a wider perspective on the levels of conviction and attrition in cases of rape in Scotland. That publication was in response to one of the 50 recommendations of the Review of Sexual offences undertaken by COPFS. All recommendations were implemented in June 2009.
In this publication we have provided figures for the year 2007/08 and have included additional information for charges which were not indicted. These are broken down to show the reasons for not proceeding. These were not included in the figures published last year. The figures produced here predate the establishment of the National Sexual Crimes Unit (NSCU) in May 2009. The Unit is led by a senior lawyer and is staffed by specialist prosecutors. No one accused of sexual crime is placed on petition without the instruction of the NSCU. Specialist prosecutors are therefore involved from the very beginning of these prosecutions.
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On 25 June 2010, the
Solicitor General Frank Mulholland QC spoke about the commitment to bringing serious sexual offenders to justice
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The following article, also by the Solicitor General was published in The Scotsman on 28 June 2010:
If a drunk man staggering down Sauchiehall Street is assaulted, no-one would say that he deserved it just because he was drunk. But if a woman is sexually assaulted after she has had a drink, all too often people assume she's partly to blame for her fate.
It's this type of public attitude that must be met head on if the stereotypes - and myths - about rape are to be challenged.
The myth of 'contributory negligence' - that victims who dress in a certain way or who have been drinking alcohol are partly responsible for sexual assaults - remains a challenge in securing convictions in rape cases.
There have been a number of successful public awareness campaigns in Scotland. The Stern Report commented with praise on the earlier Rape Crisis Scotland billboard advertising campaign "This is not an invitation to rape me" and the Lothian and Borders Police rape awareness campaign: 'drinking is not a crime.... but rape is' as examples of campaigns which focused on education about rape myths rather than on telling women how to keep safe.
These campaigns challenge rather than reinforce the inaccurate public stereotypical views that victims may in some way be partially or wholly responsible for any sexual assault upon them.
I welcome today the launch of the Rape Crisis Scotland television advertising campaign, which is supported by the Scottish Government, and is a natural extension in this challenging process.
For the first time in Scotland, people will see in their armchairs at home whilst watching their favourite programmes the consequences such attitudes can have.
It is crucial that public attitudes continue to be challenged to give victims greater confidence that they will not be 'blamed' for the sexual assaults they suffer.
But the debates around conviction rate for rape in Scotland too, must not be allowed to create a self fulfilling pessimism that we are not successful in prosecuting serious sexual crime, including rape.
Overall there is a high conviction rate for sexual crimes 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.
I believe it does victims a disservice to send out a message that conviction rates are low, as it may discourage them from reporting crime to the police and receiving the support they need.
Crimes of rape and serious sexual offences are some of the most serious and distressing crimes we face as a society. We, in the prosecution service are committed to an ongoing development of the investigation and prosecution of sexual crime.
A year ago we implemented all 50 recommendations arising from the Lord Advocate's Review of Sexual Offences in 2006 and we have established specialist Sexual Offences Teams around the country and launched the specialist National Sexual Crimes Unit at the Crown Office
The Unit is led by a dedicated team of specialist Crown Counsel who direct criminal investigations from the earliest stages, providing advice and expertise to Procurators Fiscal.
Our specialist approach to the investigation and prosecution of sexual crimes together with public awareness raising campaigns such as this one, can challenge and change public attitudes towards sexual offending and instill in victims the confidence that when they have the courage to report these cases they will be investigated thoroughly and sensitively and if there is sufficient evidence, prosecuted professionally.
We will continue to take steps within the prosecution service to help give jurors a fuller picture of the circumstances and the difficult issues they require to consider in determining these cases.
For example, a popular misconception which prosecutors routinely face is defence claims that a delay in reporting a sexual crime, or inconsistent statements given by the victim, mean that the victim may be lying.
This is designed to educate potential jurors so that they understand complex issues and help to influence the necessary cultural and attitudinal change in the public's perceptions of victims of sexual crime.
It is hoped that in turn this will instil confidence in victims to report crimes even where there has been a considerable time gap since the offence.
We, in the prosecution service, fully recognise that public attitudes must continue to be challenged if we are to overcome the hurdles faced in the pursuit of justice, and we welcome a campaign which seeks to address this.
ENDS