Jury-less rape trials risked creating even more injustice, not less
As we noted earlier this year, the conviction rate for rape is shamefully low. According to figures for 2020/21, there were 2,298 reports of rape and attempted rape, but just 78 convictions. There are too many men walking the streets of Scotland who should be behind bars.
However, the Scottish Government’s plan to pilot jury-less rape trials only risked adding to that obvious injustice. Amid uproar from the legal community and opposition from other parties, the SNP has now dropped the idea, with Justice Secretary Angela Constance saying she wanted to build “as much consensus as possible”.
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Hide AdThis was gratifying to hear. However, the Scottish Solicitors Bar Association’s reaction to the news suggested ministers have not been as collaborative as they should have been. The association said they were “enormously proud of our efforts in defeating this dangerous proposal”, adding: "The government resent us, hold us in contempt but never again should they underestimate us.”
If the SNP is serious about improving the rape conviction rate, treating lawyers’ views with a basic level of respect should be a given.