Gulf widens between number of rapes and cases reaching court

RAPES reported to Scottish police have reached their highest level in a decade, but the percentage of cases where enough evidence is gathered to prosecute has hit a ten-year low, according to new statistics.

Overall crime fell again in 2010-11, by 4 per cent, and now stands at its lowest level for 35 years.

The Scottish Government is also hitting a key target by maintaining the 1,000 extra officers put on the streets since March 2007 – now at 17,339.

Justice secretary Kenny MacAskill said the figures were proof that “Scotland is becoming safer”.

But critics warned that, while there was an overall decrease, as a result of a drop in drugs offences, crimes involving offensive weapons, vandalism, malicious mischief and fireraising, the statistics showed a rise in violent and sexual crime, as well as housebreaking, theft and fraud.

In particular, there were 997 rapes reported in Scotland, the highest number in a decade, and 134 attempted rapes, which was also up on last year.

At the same time, clearance rates of the two crimes combined – where enough evidence was uncovered by police to justify criminal proceedings – fell to 55 per cent, a ten-year low.

Part of the reason for a rise in recorded rapes was the Sexual Offences (Scotland) Act 2009, which came into force in December and widened the definition of rape to include offences against men and other forced sexual acts.

Sexual intercourse with a child under 13, who is legally too young to consent, is also now automatically recorded as rape.

Meanwhile, the Supreme Court’s Peter Cadder judgment, which ensured suspects were given access to a lawyer before being questioned by police, has made it more difficult for investigating officers to find corroborating evidence.

Previously, because rapes and attempted rapes are rarely witnessed, police have often relied on admissions during interview as back-up evidence.

Rape Crisis Scotland warned at the time that Cadder had almost made rape “an unprosecutable crime”.

Scotland previously had one of the lowest rape conviction rates in Europe at 3 per cent, although the Crown Office says this has risen to 7 per cent.

The Scottish Government could not say how much of the increase in rapes reported to police was down to the change in law.

However, Sandy Brindley, national co-ordinator for Rape Crisis Scotland, said her organisation had heard anecdotal evidence of an increase, which she believes could be partly due to the way sex is portrayed – particularly in pornography.

“I’m very wary of saying this is the reason for the increase,” she said. “But one thing we have concerns about is the way rape culture is portrayed as acceptable, particularly in the way we bring up young men.

“An example of that is looking at the role of pornography, which is often the main source of information about sex that young people receive.

“And when you talk about rape ideology, that is clearly not about consent or negotiation.”

Mr MacAskill admitted that the rise in recorded rapes was a “concern”.

“Rape is a horrific crime, and I want to ensure that those that commit it are caught and victims are granted justice,” he said.

The justice secretary is understood to have decided on single police and fire services, with an announcement from First Minister Alex Salmond expected today.

Police forces face annual cuts of about £4 million, with worse anticipated in future, and the Scottish Government hopes its plans will safeguard frontline officer numbers in the future.

Mr MacAskill said: “These figures are further good news for Scotland, the sixth year in a row where recorded crime has fallen – to a 35-year low – and with police numbers remaining well above our pledge to put 1,000 extra officers on our streets.

“The statistics we have seen this year show Scotland is becoming safer – crime is down, fear of crime is down, the number of people carrying out crime is down, and those who do break the law are being punished swiftly by Scotland’s justice system.”

He added: “It is no coincidence that recorded crime continues to fall at a time when police officer numbers are strong, and we will build on this as we move forward with our police reform plans to protect local policing and improve access to the very best specialist expertise whenever and wherever it is needed.”

However, critics pointed to the 2 per cent rise in violence and dishonesty, and 1 per cent rise in crimes of indecency, including rape, as areas of concern for the Scottish Government.

Johann Lamont, Scottish Labour justice spokeswoman, said: “The uncomfortable reality for the SNP is that if you scratch beneath the surface, lurking below the headline figures there are some disturbing rises in some of the most serious types of crime.

“While overall crime has dropped slightly, we cannot let this mask the fact there are deeply troubling increases in violent and sexual crime, including rape and attempted rape, which has worryingly hit a five-year high.”

John Lamont, Scottish Conservative justice spokesman, added: “It would be churlish not to point out the positives in these figures, although before the SNP pat themselves on the back we note that grave offences, like non-sexual crimes of violence, rape and attempted rape, and crimes of dishonesty, such as housebreaking, have all increased.”

The Association of Chief Police Officers in Scotland (Acpos) said the rise in police officers had contributed greatly to the fall in crime.

Assistant Chief Constable Cliff Anderson, general secretary, said: “The overall reduction in crime is welcome and is due in no small measure to the hard work of Scotland’s police officers and staff working with a wide range of partners in law enforcement.

“There is no doubt there are some areas in which we have to continue to focus our efforts, and that is exactly what we will do.”

The Scottish Liberal Democrats also highlighted the rise in violent crime.

Justice spokeswoman Alison McInnes said: “Many communities in Scotland are plagued by this type of crime. The Violence Reduction Unit has done some great work in the Strathclyde area by breaking down gang culture and making sure there is good community policing in place, but it is obvious that more needs to be done.

“The reality is that innovation and rolling out best practice will be put on the back-burner while the cabinet secretary pursues his plans for a single national police force in Scotland.”

Victim Support Scotland welcomed the further fall in crime, but warned more needed to be done in some areas.

A spokesman said: “Without question, to have crime statistics showing overall crime at a low has to be welcomed by any sensible organisation.

“At the same time, clearly it is regrettable to note certain crimes, where victims are directly affected , are increasing.

“We hope this particular aspect will be addressed. We also hope to see more successful rape prosecutions in future.”