The Prosecution of Sexual Offences Information taken from a Crown Office and Procurator Service media briefing published in June 2011 Following the Review of Sexual Offences in 2006, COPFS launched the National Sexual Crimes Unit in 2009. We also committed to publish,annually, conviction rates for rapes reported to the Procurator Fiscal, and to hold an annual conference for all interested parties involved in this very complex and sensitive area of our work. The most recent conference took place on 1 October 2010, ahead of the implementation of the Sexual Offences (Scotland) Act 2009 in December 2010.
Review of sexual offences The most recent Crown Office statistics pre-date recent developments to improve the prosecution of sexual offences. In 2006, the Lord Advocate launched a Review of Sexual Offences which resulted in 50 recommendations to improve the prosecution of rape and other sexual crimes. Since 2006 then there has been much work to implement these including a comprehensive specialist training programme for all staff. All the recommendations were implemented by the summer of 2009. It is often reported that Scotland has ‘the lowest conviction rate in Europe’ but it is important to note that comparisons with other jurisdictions are meaningless as in Scotland, the legal definition of rape has historically been one of the narrowest in Europe and is therefore not comparable with rape defined in other jurisdictions. The definition has now widened with the commencement of the Sexual Offences (Scotland) Act 2009 in December 2010.
National Sexual Crimes Unit The National Sexual Crimes Unit was established in May 2009 and leads the prosecution of the most serious sexual offences, including rape, child sexual abuse, and sexually motivated murder The Unit is based at the Crown Office in Edinburgh and comprises a team of specialist Crown Counsel and a dedicated team of specialist Procurators Fiscal. The Unit direct these criminal investigations from the earliest stages, providing advice and expertise to Procurators Fiscal Each Area of COPFS has a specialist Sexual Offences Team able to provide advice and guidance to COPFS staff. They exchange experience and expertise in the National Sexual Offences Forum. Every member of staff dealing with sexual offences must have intensive specialist training, provided at the Scottish Prosecution College and drawing on experts from within and outwith the service.
Conviction rates Overall there is a high conviction rate for sexual offences prosecuted in courts in Scotland with the latest Government statistics showing that overall 78% of accused persons prosecuted for crimes of indecency in court are convicted. Of those prosecuted for rape or attempted rape, 46% are convicted. Many factors affect conviction rates for rape. In Scotland, the legal definition of rape has historically been narrow, though it has now widened with the commencement of the Sexual Offences (Scotland) Act 2009 in December 2010. Scots law requires corroboration which is often difficult to achieve in rape cases as there are often no witnesses other than the victim. However there is a strong presumption in favour of prosecution for rape. The Carloway Review is currently examining the requirement of corroboration and whether that should be retained. The Law Officers (Lord Advocate and Solicitor General) have stated that the law of corroboration for rape requires to be re-considered while recognising that this is ultimately a matter for Parliament to consider.
Rape statistics April 2008 – March 2009 The Procurator Fiscal received 413 reports from police, containing 528 charges of rape There was sufficient evidence to indict the accused for rape in 179 of these charges 32% of indicted charges resulted in a conviction These figures predate the inception of the National Sexual Crimes Unit. The latest statistics published by COPFS relate to charges of rape reported to the PF from April 2008 to March 2009. This is the most recent year from which we can track all offences right through the criminal justice system to see how they are dealt with. These figures predate the changes made in May 2009 to improve the way in which sexual offences are investigated and prosecuted. The National Sexual Crimes Unit now leads the prosecution of the most serious sexual offences, including rape and sexually motivated murder. The Unit comprises a team of specialist prosecutors and a dedicated team of specialist Procurators Fiscal. The Unit directs these criminal investigations from the earliest stages, providing advice and expertise to Procurators Fiscal. Specialist Sexual Offence Teams were also formed in each COPFS area.
Reported rape charges that were not indicted In 49% of charges, it was not possible to proceed for evidential reasons – either due to insufficient evidence (40%) or the quality of the evidence (9%) In 9% of charges, further action was taken to prosecute on other charges in the report (1%) or the conduct was included in another charge (6%), or the case was referred to the Scottish Children’s Reporter Administration (2%) In 4% of charges, Crown Counsel decided to discontinue proceedings due to the health of the victim or her view as to the continuation of proceedings.
Of the 821 rapes reported to the police in 2008/2009, only 528 (64%) were reported to the Procurator Fiscal for possible prosecution There are no available figures to show the reasons for the other cases not being reported to the Procurator Fiscal. They include the police being satisfied after investigation that there was no crime committed; the suspect not being traced; there being clearly insufficient evidence or the victim being unwilling to take part in the investigation process