Meeting of the Parliament (Hybrid) 15 December 2021
Three weeks ago, the chamber stood united to condemn violence against women. We remembered women who had had their lives cut tragically short and we promised to improve the safety and wellbeing of women in Scotland.
During that debate, I mentioned that we needed to legislate better to eliminate violence against women. One way of doing that would be to end the not proven verdict, as it is commonly used in sexual crime, particularly in rape cases. Several women’s rights organisations, including Rape Crisis Scotland, have supported the ending of the not proven verdict; their position is clear that that court ruling must go.
During the Scottish National Party’s time in government, the number of sexual crimes has more than doubled. The conviction rate for rape currently stands at 46.1 per cent, which is lower than that for other crimes. In 2019-20, the not proven verdict was used as an equal acquittal verdict 74 times in rape and attempted rape cases. That figure makes up 44 per cent of the acquittal verdicts that were issued in the 300 cases that proceeded to court in Scotland. Those statistics prove that the not proven verdict disproportionately impacts women, which is why the Scottish Conservatives are committed to ending it through our victims law.
The Scottish Conservatives first called for the abolition of the not proven verdict more than a year ago. In 2019, “Equally Safe: Scotland’s strategy to eradicate violence against women” was published. It contained a commitment to
“undertake research into jury decision making to improve understanding of the factors that influence juries’ decisions in solemn criminal cases.”
The strategy was published almost three years ago, but the Scottish Government announced that consultation was finally under way only a few days ago. Similarly, the Scottish Greens called for the not proven verdict to be scrapped in their 2020-21 manifesto. Why the delay?
Should the Scottish Government continue to dither over the scrapping of the not proven verdict, the justice system could continue to fail more women.