Jury research needed, says QC
10 Apr 07
Work should be done to find out why conviction rates for rape crimes are so low
A leading QC has called for research to be carried out into why juries are so reluctant to convict men of rape.
Maggie Scott QC wants to find out what goes on in jury rooms. Speaking to juries about their decisions is forbidden under the Contempt of Court Act (1981), but Ms Scott is of the opinion that the only way to tackle Scotland's low conviction rate for rape is for research to be carried out.
Rape court cases are more likely to result in a not proven verdict compared with other crimes - 33 of the 150 cases in 2005-06 (22%). In the same time period, the not proven verdict was used in 1% of total crimes.
The not proven verdict has been challenged by rape charities. Sandy Brindley of Rape Crisis Scotland said that they would like to see an investigation into whether or not the verdict should be retained.
The Labour MSP for Hamilton North and Bellshill, Michael McMahon, has called for an end to the not proven verdict. He argues that removing it would force prosecutors to do more work to ensure the accused is found guilty.