DITCH JURIES FOR SCOTS RAPE TRIALS
Prof calls for judge-only change at court
SCOTLAND should switch to judge-only rape trials, a top law expert has said.
The call comes after it was revealed only one in 18 serious sex attacks ends with a conviction by jurors.
Fiona Leverick, professor of Criminal Law and Criminal Justice at Glasgow University, fears the prejudices of jury members are unwittingly sabotaging justice.
She believes the persistently low conviction rate for sexual violence justifies radical change.
Her research was cited by Lord Advocate Dorothy Bain before she triggered a review of how cases involving sexual violence are prosecuted.
Of 45 rapes and attempted rapes reported to Police Scotland each week, only two can expect to end in a conviction and official figures reveal 2343 rapes and attempted rapes were reported to the police in 2019-2020. Only 300 were taken to court and only 130 led to conviction. The case against almost a quarter of the alleged rapists was found not proven.
Leverick said: “Our study is not the only one which has raised such issues and they all show prejudicial views are preventing convictions in rape cases.
“Judge-only trials would be one way of addressing the problem.
“Even if judges held prejudices, they have to set out reasons for a decision, which juries do not have to do.
“It could be those who are dismissing judge-only trials are not taking the problem seriously enough and there seems no doubt there is a problem.” Only 5.5 per cent of reported rapes lead to a conviction. Bain last week told Holyrood’s criminal justice committee there should be a public debate on how rape trials are conducted, including the possibility of removing the jury and Scotland’s controversial third verdict, not proven. The Scottish Government said: “We will hold a consultation on sexual offences and victim rights in the Spring. “Any decision on the way forward, which would require legislation, will be a matter for the Scottish Parliament.”