Listen
Rape law reform
19/12/2007
Justice Secretary Kenny MacAskill welcomed the publication today of the Scottish Law Commission's report on rape and other sexual offences.
The Scottish Government launched a public consultation on the Commission proposals, pledging to bring a Bill to reform the law to Parliament next year.
Mr MacAskill said:
"I want to thank the Scottish Law Commission for their detailed and considered report and draft Bill.
"As the Commission acknowledges, its review has involved not only matters of legal principles and rules but also important issues of social policy, and has taken account of a wide range of perspectives.
"The Scottish Government shares society's revulsion at incidents of rape.
"We are clear that this is a despicable crime and that those found guilty must be punished, and society protected.
"There has been considerable public, professional and academic concern that the current law on rape is unsatisfactory, unclear, and too narrowly drawn.
"Equally, many other aspects of Scots law on sexual offences need modernising and require reform.
"Much of the current legislation derives from a time when attitudes were very different from those of contemporary society and is no longer fit for purpose.
"Scotland needs a robust, modern framework of laws in this area, fit for the 21st century - a clear legal framework that ensures rapists and sex offenders are brought to justice and that victims have confidence in the Justice system.
"No victim should be dissuaded from coming forward to report such crimes because they fear that the law is unclear. "The Scottish Government is committed to bringing a Bill to Parliament by next May, in order to deliver the necessary legislative reforms.
"The provisions within the Commission's draft Bill require further consideration and so we are launching a consultation on their final report today.
"We will consider the Commission's report fully, and in light of the consultation responses, before reaching a decision on the final shape of the legislation we intend to bring before Parliament.
"So some work remains to be done, but today's report brings us a significant step closer to achieving what I hope will be widely-welcomed reforms to benefit both the victims of sexual crimes - some of society's most vulnerable individuals - and society as a whole."
In 2004, the Scottish Law Commission was commissioned by Ministers "to examine the law relating to rape and other sexual offences and the evidential requirements for proving such offences and to make recommendations for reform."
The SLC published a discussion paper, seeking views on their emerging findings, in January 2006. The SLC has now presented its final report to the Scottish Government and the Parliament, including a draft Bill for the implementation of the recommended legislative changes.
In September, the First Minister made a commitment in his legislative programme speech, to bring forward legislation to reform the law on rape and sexual offences, in light of the SLC's report.
The public consultation on the Commission's final report and draft Bill, launched today, will run until March 14, 2008.