Holyrood has voted to abolish the 'not proven' verdict, a decision welcomed by a rape survivor, who considers this legal term damaging.
In a landmark move, Scotland's justice system is set to undergo significant changes, with the abolition of the controversial "not proven" verdict being one of the key reforms. A rape survivor, Miss M, has welcomed this development, having campaigned alongside Rape Crisis Scotland for this change.
Miss M, who has bravely shared her story, expressed her satisfaction that the improvements to the legal system will make it fairer and clearer going forward. The new system aims to give survivors "back their voice," as Miss M stated, by removing the ambiguity that the "not proven" verdict often brought.
The fundamental purpose of the new criminal justice system, according to Stuart Munro, convener of the Law Society's criminal law committee, is to convict the guilty and acquit the innocent. However, concerns have been raised about the increased potential for miscarriages of justice due to changes not backed by research or experience elsewhere.
In the new system, a person can be convicted despite five members of the jury having significant doubts about their guilt. This is a departure from the current system, where a simple majority is required for a conviction. The Bill approved by Holyrood includes changes such as requiring at least two-thirds of jurors for a conviction, instead of a simple majority.
Rape Crisis Scotland has noted that only 48% of rape and attempted rape cases in 2022-23 resulted in a conviction, which is below the overall conviction rate of 88%. The organization has expressed serious concerns about the increase to the jury majority and its potential negative effect on rape and sexual offence cases.
Despite these concerns, Rape Crisis Scotland's chief executive, Sandy Brindley, praised Miss M and others who have campaigned to remove the "not proven" verdict. Brindley also welcomed the creation of a new sexual offences court in the legislation.
However, the Law Society of Scotland has expressed disappointment that their serious concerns were not reflected in the final legislation approved by MSPs. The organization has raised concerns about following other systems in one respect but not in terms of the jury majority required for a conviction.
The new system, which does not exist in any equivalent legal system anywhere in the world, is moving from a system with a proven track record of achieving that outcome to one which is entirely untested. This transition raises questions and concerns about its potential impact on the justice system and the outcomes for survivors of rape and sexual offences.
As the changes to Scotland's justice system are implemented, it will be crucial to monitor their impact and ensure that the rights and voices of survivors are prioritized. The abolition of the "not proven" verdict is a significant step towards achieving this goal, but it is just one part of a broader effort to create a justice system that is fair, effective, and supportive for all survivors of rape and sexual offences.
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