'Outdated' rape laws set for overhaul

Published on Sunday 3 December 2006 01:44

THE biggest shake-up of rape laws in Scotland for 30 years has been ordered by ministers in a move that could see hundreds more offenders each year facing potential life sentences.

The narrow definition of rape is set to be replaced with a law covering a wider array of attacks on women and men. It is hoped this will persuade more victims to report attacks in the knowledge there is a greater chance of securing a conviction.

Campaigners are also demanding a new definition of consent, to close a loophole allowing some accused rapists to escape conviction on the grounds a woman had not explicitly objected to sex. They want a system under which a rape would be committed if there was no "tangible act of agreement" from a sexual partner.

For the first time, the law is also expected to tackle 'male-on-male' rape. Currently, rape is only defined as an attack on a woman. The change will bring the law in line with recent reforms in England.

Last week, Scotland on Sunday revealed that as few as 6% of women who seek counselling for rape report the crime to the police. Many may be put off by the prospect of an arduous prosecution process offering little prospect of a conviction: only 4% of reported offences end in a conviction.

Justice minister Cathy Jamieson said she expected recommendations to be made to her early next year. She added that by widening the definition of rape, it may boost conviction rates.

However, the change in the law is unlikely to be put before Parliament until after next May's Scottish elections.