Rape charity condemns new figures showing dozens of accused rapists have avoided trial

New figures from the Crown Office show 48 accused rapists were diverted from prosecution in the last five years

Lord Advocate Dorothy Bain KC. Picture: Getty Images.

A rape support charity has condemned new figures which show dozens of accused rapists have avoided trial in the past five years.

New figures released by Lord Advocate Dorothy Bain show 48 accused rapists were sent on to social workers instead of going to court.

Of these 48, 44 of them were under the age of 18.

Russell Findlay MSP. Image: Press Association.

Rape Crisis Scotland has said this practice is “never appropriate”, regardless of the accused’s age.

Ms Bain has now ordered a review of how the Crown Office deals with accused rapists, but admits this practice can be the “most appropriate course of action” when dealing with someone who is legally classed as a child being accused of a crime.

The statistics show that just one out of the 687 rape cases reported to the Crown Office by Police Scotland in 2018/19 was “diverted from prosecution”.

However this increased to 16 out of 698 by 2022/23.

A spokeswoman for Rape Crisis Scotland said: “Reporting sexual violence can be very difficult.

“Any survivor who does choose to report sexual violence should have confidence that it will be dealt with robustly.

“It’s very concerning that such a high number of cases have been diverted from the criminal justice system.

“We understand the will to keep younger offenders out of the prison system, but diversion from prosecution is never appropriate for as serious an offence as rape.

“In all sentencing decisions and guidelines, a sense of justice for the victim must never be lost.

“We really question where this sense of justice is in these decisions.”

The spokeswoman added the charity “welcomes” the lord advocate’s review of this practice.

This comes after a public outcry earlier this year when a 17-year-old from Ayrshire who was accused of rape avoided a trial and a possible criminal conviction.

The accused was offered this diversion, and their alleged victim said they had been “handed a free pass”.

The figures were obtained by Russell Findlay MSP, the Scottish Conservatives’ justice spokesman, who has now accused the SNP of taking the side of criminals.

He said: “These shocking figures reveal an increasingly common practice of allowing accused rapists to dodge justice.

“Rape victims are being betrayed by the SNP’s pitifully weak justice system which takes the side of criminals and is completely out of touch with ordinary Scots.

“In the vast majority of these cases, the victims are women and girls who are fully entitled to proper justice.

“No alleged rapist should be allowed to walk away with a slap on the wrist and the lord advocate’s recently announced review of this practice must be speedy, thorough and transparent.”

Ms Bain wrote to Mr Findlay and said the current set up is in line with the standards set by the United Nations on how to deal with children who are accused of a crime.

In her letter she said: “Diversion is a process by which prosecutors are able to refer a case to social work or other identified agency as a means of addressing the underlying causes of offending when this is deemed the most appropriate course of action.

“Such intervention can be particularly effective in cases of children’s offending, changing the direction of young lives for the better and is consistent with the obligations of the Crown Office under the UN Convention on the Rights of the Child.

“I have ordered a review of how prosecutors deal with diversion from prosecution in cases of serious sexual offences such as rape.

“The review is timely in ensuring we are continuing to consider the rights of both accused and complainers, particularly where they are children.”

The Scottish Government has been approached for comment.