For Every 25 Alleged Rapists, Only One Will Be Convicted In Scottish Courts

The chances of a man accused of rape being convicted in Scotland’s courts are smaller than ever, “shameful” figures have revealed. While 975 rapes were reported to police in 2005-6, only 38 people were found guilty – a conviction rate of 3.9 per cent.

That compares with 5 per cent the previous year, and it is the first time fewer than one in 25 reported rapes has been proven in court. Scotland’s rape conviction rate has edged downwards over the years, while reported cases have soared by 300 per cent over the past three decades.

In 1997-8, there were 596 rapes reported, while in 2004-5 the number was 900. The new statistics show a further 8 per cent rise in reported attacks. The Executive figures, seen by The Scotsman, have provoked unprecedented levels of concern from anti-rape campaigners, who are planning a massive public-awareness campaign using powerful images to counter “women-blaming attitudes” to rape.

Sandy Brindley, the network co-ordinator for Rape Crisis Scotland, said: “It’s really alarming. Conviction rates were already really worrying. Now they have dropped below 4 per cent for the first time – I’m almost speechless. What it demonstrates is there’s an urgent need to look at how we respond to rape. It’s clearly not acceptable to have a conviction rate that is so low and is continuing to fall.

“There have been attempts to respond to this issue, but our view is, until we change women-blaming attitudes to rape, legislative reform will have a really limited impact.” She said there was anecdotal evidence that moves to protect women in rape trials appeared to be failing.

Under the Sexual Offences Act 2002, lawyers representing men accused of rape have to make an application to the court before a complainer can be questioned about her sexual history. “We have heard this protection isn’t being used very often. That makes us think the prejudices you encounter in the general public are also found in the courts,” Ms Brindley said.

Rape Crisis Scotland is now planning a major public-awareness campaign later this year. Ms Brindley declared it was clear that jurors in Scotland were bringing their own prejudices to bear on the outcomes of rape trials.

Kenny MacAskill, the SNP’s justice spokesman, branded the latest figures “shameful”. He said: “When we are actively encouraging more women to come forward and report the crime, we need to make sure prosecutions are followed through. We need to go further and do much more. The figures are shameful.”

Annabel Goldie, the Scottish Conservative leader, said: “Rape is an appalling crime and we have to use the full force of the criminal justice system to address it. The question is why the conviction rate has fallen and we urgently require a report from the Crown Office into the reasons – then we can address the issue. We owe it to these women to get to the root cause and that has got to start with the Crown Office.”

The problem of low conviction rates is familiar in many countries, but is worse than most in Scotland. In England, the conviction rate in 2005 was 5.2 per cent.

Experts say women are discouraged from pursuing cases because of the length of time it can take to get the attacker before a jury. Last month, The Scotsman revealed that rape cases, on average, are subject to more adjournments than any others prosecuted in the High Court.

It has also been suggested that prosecutors treat some rape cases as sexual assault, a lesser crime, because they believe it is the “best bet” for landing a conviction. That, experts say, is especially true where the victim and offender know each other.

A spokeswoman for the Executive said: “Ministers are aware of this issue, which is why they have asked the Scottish Law Commission to undertake a root-and-branch review of existing sexual offences law.”