Analysis: Victims' human rights at stake

Published on Friday 18 March 2011 17:05

At Rape Crisis Scotland we are concerned that there is a very real possibility that the Cadder ruling might reduce even further the already extremely low prosecution rate for rape.

What about the human rights of women (and men) to be protected from rape, and to have access to justice should they experience this devastating crime?

Much progress has been made in recent years in changing how rape is investigated and prosecuted in Scotland. Recent figures released by the Scottish Government show that there has been a significant increase in the proportion of rape trials which result in a conviction - with 44 per cent of trials resulting in the accused being found guilty.

It remains the case, however, that only around 10 per cent of rapes reported to the police ever get as far as court. Rape is a devastating crime to experience, and reporting it to the police can take some courage. Finding out that your case is not getting to court can be devastating.

The European Convention on Human Rights states that no-one shall be subject to inhumane or degrading treatment. There can be few crimes which fit this description better than rape.

Perhaps it is time to ask ourselves at what point is the prosecution rate for a crime so low that the state is effectively enabling some men to carry out rapes with impunity?

If this is the case, it may be time to consider redress at a European level.

Sandy Brindley is national co-ordinator of Rape Crisis Scotland