News In Focus

25 June 2010

Mulholland seeks to reassure sex case victims

The challenges in the prosecution of rape must not deter victims from reporting sexual crimes, the Solicitor General, Frank Mulholland QC, said today.

Mr Mulholland said that overall there was a high conviction rate for sexual offences prosecuted in Scotland, with latest statistics showing that 80% of accused persons prosecuted for sexual offences in court are convicted, and 35% of those prosecuted for rape or attempted rape.

He commented: "The challenges in the prosecution of rape cases should not deter victims from reporting rape and sexual abuse to the police. Following the setting up of area sexual offence teams and the National Sexual Crimes Unit, prosecutors and investigators are skilled and better able to deal with these cases sensitively and effectively. The conviction rate for rape in Scotland must not be allowed to create a self fulfilling pessimism that we are not successful in prosecuting serious sexual crime, including rape, which would deter victims from reporting these crimes."

Attitudes

Mr Mulholland added that erroneous and outdated attitudes must also continue to be challenged to give victims greater confidence that they will not be "blamed" for the sexual assaults they suffer.

"The myth of 'contributory negligence', for example that victims under the influence of alcohol or who dress in a particular way are partly responsible for sexual assaults, remains a challenge in securing convictions in rape cases. Such attitudes must be challenged if we are to overcome the prejudices held by some members of the public in rape cases", he said.

"We will continue to lead expert evidence in appropriate cases to explain to juries about the counter-intuitive responses – such as delayed reporting or delayed distress – which are often associated with a victim's behaviour after the crime. This evidence will explain victims' behaviour and put it into context, to ensure that juries have as full a picture as possible."

Five hundred prosecutors and investigators have now received specialist training in sexual offences.


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