The Scottish parliament is set to vote on a landmark bill that would abolish the unique legal verdict of 'not proven', a centuries-old option that has long been criticised as a barrier to justice for survivors of sexual violence. The verdict, which acquits an accused person without declaring them not guilty, is only used in Scotland and is believed to contribute to the country's low conviction rates for rape and sexual assault.
The Victims, Witnesses and Justice Reform Bill includes a suite of measures aimed at improving the criminal justice system for survivors. Alongside scrapping the not proven verdict, the bill would require a two-thirds majority for conviction in jury trials, establish a specialist sexual offences court, and enshrine the right to lifelong anonymity for rape complainers. It would also create a victims and witnesses commissioner and provide automatic publicly funded legal representation for complainers to oppose questions about their sexual history.
Justice Secretary Angela Constance described the bill as 'landmark' legislation that would put victims and witnesses at the heart of the justice system while protecting the rights of the accused. However, the bill has faced significant opposition from legal professionals, including the Faculty of Advocates and the Law Society of Scotland, who have raised concerns about the two-thirds majority requirement, warning it could 'cheapen the guilty verdict'.
Rape Crisis Scotland chief executive Sandy Brindley called the vote a 'once-in-a-generation opportunity', but also cautioned that the two-thirds majority could further lower Scotland's already 'terrifyingly low' conviction rates for sexual assault. The bill was amended to drop a controversial proposal for pilot juryless trials in rape cases after widespread condemnation from lawyers.
Campaigners like Miss M, who won a landmark civil action after her alleged rapist was found not proven, urged MSPs to consider the 'harrowing' impact of the verdict. The final vote is expected by Wednesday after a lengthy debate on over 160 amendments.
