Controversial rape statistics spark call for change in the law

Rape convictions have hit an all-time low, raising fears that hundreds of women are being betrayed by the country’s legal system. The figures show 794 alleged rapes took place during 2003, resulting in just 31 successful prosecutions.

The calls for legal reform came as Scotland’s Solicitor General, Elish Angiolini QC, addressed a high-profile summit of prosecutors from across Britain. Miss Angiolini warned the meeting that rape victims "needed to be given the belief that they will be treated with respect and dignity at every point of the judicial process".

Miss Angiolini made her comments as she met Harriet Harman, Solicitor General for England and Wales, and lawyers from the Crown Office, the Procurator Fiscal Service and the Crown Prosecution Service.

The summit, part of a wider review of the way prosecutors deal with rape and sexual assault cases, was intended to encourage a shared vision between England, Wales and Scotland in tackling the low prosecution rates against sex offenders.

But last night, Sandy Brindley, national development worker with Rape Crisis Scotland, said that the prosecution services had to stop talking and radically improve the way they handled rape cases.

"The facts are simple. Too few cases lead to a prosecution. Victims are baffled when they hear their case is not coming to trial. Having suffered the ordeal of rape, they are made to feel like liars when their case collapses. We have to look at ways of strengthening the prosecution service so it can present better evidence to the courts and secure more convictions," she said.

Critics claim that not enough rape convictions are being secured in Scotland because the rules concerning the burden of proof placed on the prosecution are so strict that the offence is becoming increasingly difficult to prove in court.

Ms Brindley said the figures starkly illustrated how Scottish prosecutors struggled within the bounds of the law to prove rape in court and bring convictions.

She said: "We have one of the lowest conviction rates in Europe and that has huge implications for the confidence of women in the justice system.

"There is a concern that if such a tiny fraction of cases result in conviction, men could come to see rape as a low-risk crime. If more women are reporting rape to the police then they need to have confidence in the legal system which currently is not delivering justice to them."

Speaking at the summit at the Scottish Parliament, Ms Angiolini said the public’s concerns were being listened to.

"As Solicitors General for our respective jurisdictions, we share a common commitment to continually improve the standards of investigation and prosecution, as well as the victims’ experience of the prosecution service.

"Victims of rape and sexual offences in particular need to have confidence not only that their cases will be handled efficiently and effectively, in the public interest, but also that they will be treated with respect and dignity at every point in the process."

She added: "This is the first event of its kind but it won’t be the last. We have agreed to establish a forum involving prosecutors from Scotland, England and Wales with the clear aim of improving the experience of victims across both jurisdictions, and learning from best practice across the UK in the investigation and prosecution of cases involving rape or other sexual offences."

Jack McConnell recently announced a major review of Scotland’s rape laws. Mr McConnell told MSPs that the Scottish Law Commission would look at the definition and levels of proof for all sexual offences and would also consider the issue of "male on male" rape.

The move followed a rape- case court ruling by Lord Gill which appeared to have placed an obligation on the prosecution to prove and corroborate not only that the woman did not consent to sexual intercourse, but that the accused knew she did not consent.

Mr McConnell said: "It’s very important that this review by the Scottish Law Commission covers all aspects of both definition and proof in relation to sexual offences, and rape in particular. It is very important that we maximise the confidence that people have, not just in our courts and in the sentences and the prosecutions which can be available, but also in the way the system will deal with those who report those offences."

Mr McConnell’s decision to act followed the intervention of some of the country’s top legal experts who wrote to the Law Commission asking for a review of the legislation on sex offending.

Four academics from Aberdeen University - Peter Duff, professor of criminal justice; Chris Gane, professor of Scots law; and Dr Fiona Leverick and James Chalmers, both lecturers in law - along with Professor Kenneth Norrie, head of the law school at Strathclyde University, asked the commission to reform the law on sexual offences.

It is likely the Commission will draft guidelines for new legislation on rape and make recommendations to ministers as part of its seventh programme of reforms, the first stage of which is about to be published for consultation.

A spokesman for the Scottish Executive said last night that everything possible was being done to improve the prosecution system: "It is a priority for the Executive to ensure that the law and the criminal justice system properly protects victims of sex offences and we have already made changes in these areas.

"However, recent cases have highlighted very serious concerns about existing laws around sexual offences. No victim of a sexual offence should be dissuaded from coming forward because they fear the law is unclear, that it is against them as a victim, or that their experiences will not be taken seriously.

"That is why the Justice Minister has asked the Scottish Law Commission to take forward a root-and-branch review of existing sexual offences law."

The British Crime Survey estimates there are 190,000 incidents of serious sexual assault and an estimated 47,000 female victims of rape or attempted rape a year. But fewer than one in seven are reported to police.

ATTEMPT TO PROTECT VICTIMS

THE way rape victims are treated in Scottish courts was re-examined by the Lord Advocate, Colin Boyd, QC, in 2002 when a teenage rape victim committed suicide after being forced to give harrowing evidence to a jury.

Lindsay Armstrong, 17, from New Cumnock, Ayrshire, killed herself weeks after giving evidence at the High Court in Glasgow. During the trial, she was asked to hold up the underwear she was wearing on the night of the assault. She overdosed on anti-depressants shortly after her rapist, who was 14 at the time of the attack, was convicted. Her parents said the ordeal had been too much for her.

The Sexual Offences (Procedure and Evidence) Act 2002 was introduced after an inquiry into her death concluded she had killed herself after enduring a brutal cross-examination in court.

The act aimed to protect women from irrelevant questions about their sexual past and character, by ensuring such questions are lodged with the court 14 days in advance. The judge can veto questions deemed too painful or irrelevant but legal experts argue this breaches article 6 of European Convention on Human Rights: the right to a fair trial.

Defence lawyers say it has made court cases worse for victims as it has resulted in more detailed questions on their sexual history being included in the advance list.

• www.lindsayarmstrongsupportgroup.org.uk