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Advisory Group on Sexual Crime
13/06/2008
An Expert Advisory Group on Sexual Crime met for the first time today at the Crown Office in Edinburgh.
The permanent expert group brings together prosecutors, Rape Crisis Scotland, and the Association of Chief Police Officers in Scotland to consider best practice in all aspects of the investigation and prosecution of sexual crime.
Lord Advocate Elish Angiolini QC said:
"Since the publication of our wide ranging Review of the Investigation and Prosecution of Sexual Offences in June 2006 we have been scrutinising and improving every single aspect of the investigation and trial preparation process.
"Our policy and practice has been informed by the experience of victims, with the valuable assistance of Rape Crisis and we have introduced specialist training, as part of a rigorous system of approval for all prosecution staff who work on rape cases.
"We now have much improved joint working between the police and the Procurator Fiscal; and early involvement of Crown Counsel. With the imminent publication of the Scottish Government's Sexual Offences Bill, it is clear that there is much being done to ensure that the law, and the practice of investigation and prosecution is as good as it can be, to help deliver justice for victims and accused.
"However, figures published by the Scottish Government just last week show that the conviction rate for rape remains a cause for concern; it is clearly too low.
"I am committed to ensuring that the prosecution service remains at the heart of reform in this area, for the long term. That is why I have established this Expert Advisory Group to have an ongoing role in scrutinising policy and practice, making sure that prosecutors across Scotland benefit from the best expertise available."
Andrew McIntyre, Head of Victim Policy at the Crown Office, said:
"Over 200 prosecutors and investigators have now completed our specialist training programme, which includes contributions from medical experts; experienced police officers; and Rape Crisis Scotland.
"This forms part of the approval process for prosecution staff, introduced as a result of the Review instructed by the Lord Advocate.
"To date, 36 of the 50 recommendations made by the Review have been implemented. We might expect that, once all of the review recommendations have been implemented, by June 2009, we may begin to see some improvement in the conviction rate.
"What we can be sure of is that the changes are having a positive effect on the quality of the investigation process, and on the ability of the prosecutor to bring the best possible case before the jury. Encouragingly, we have in recent months seen the jury deliver guilty verdicts in a number of rape cases.
"There is no doubt that this is one of the most challenging areas of crime to prosecute. Analysis of the Criminal Proceedings Statistics published last week by the Scottish Government shows that the widely reported conviction rate figure of 3.9 per cent, which is obtained by comparing reports to the police with convictions at court, is down to 2.9 per cent for 2006-07.
"This figure does require to be treated with caution as incidents reported to the police in one year can result in a conviction at court in another year; and it includes cases where the police have insufficient evidence to report to the Fiscal, and cases where the Fiscal has insufficient evidence in law to bring a prosecution. However it is a widely reported and recognised indicator of the difficulties in obtaining a conviction in the crime of rape.
"The same statistics do show that, where we were able to bring a prosecution for rape before the court, 41% of accused people were convicted."
Sandy Brindley, Co-Ordinator of Rape Crisis Scotland, said:
"Rape Crisis Scotland welcomes the establishment of the Expert Group on Sexual Offences. This work is particularly important in light of the figures published last week by the Scottish Government which show that the number of convictions for rape in 2006-07 was 27. 922 rapes were reported to the police in the same year. This causes us great concern.
"Implementation of the recommendations from the Crown Office review, including the recently introduced training course for prosecution staff on sexual offences, has an important role to play in improving legal responses to rape. The imminent bill reforming the law on sexual offences is also important. If we are truly to improve conviction rates however there needs to be a fundamental shift in attitudes which blame women for sexual violence.
"As the Review made clear, the police and the prosecution cannot effect change in this area in isolation. Perhaps as a society we have to ask ourselves whether we believe - as the law makes clear - that sexual intercourse without consent equals rape. For as long as society considers that the woman is partly to blame for the rape; for as long as the woman is harshly judged for her own actions before or after the attack; and for as long as the focus is diverted away from the actions of the perpetrator, we may continue to see worryingly low conviction rates.
"Societal attitudes about sexual violence have to catch up with the law in this area, which is clear: sexual intercourse without consent is rape."
Membership of the Expert Advisory Group is:
- Peter Collings, Deputy Chief Executive, Crown Office
- John Dunn, Deputy Crown Agent, Crown Office
- Janet Cameron, Area Procurator Fiscal, Lanarkshire
- Liam Murphy, Deputy Head of High Court Unit, Crown Office
- Andrew McIntyre, Head of Victims Policy, Crown Office
- Dorothy Bain QC, Assistant Principal Advocate Depute, Crown Office
- Chief Inspector Louise Raphael, Association of Chief Police Officers in Scotland
- Sandy Brindley, Rape Crisis Scotland