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Rape survivor launches campaign to end not proven verdict in Scotland

Rape Crisis Scotland, which is backing the End Not Proven campaign, says the verdict gives juries an ‘easy way out’

A RAPE survivor is spearheading a new campaign to end the “confusing” not proven verdict in Scottish criminal trials.

The woman, known as Miss M, is joined by Rape Crisis Scotland in the End Not Proven campaign that argues the verdict gives juries an “easy out.”

Miss M was awarded £80,000 in damages last month in a civil rape case against Stephen Coxen of Bury, Greater Manchester, who had previously been cleared of the charges in 2015 through a not-proven verdict.

Both not guilty and not proven decisions result in acquittals. Only 39 per cent of rape and attempted rape cases in 2016-17 resulted in convictions – the lowest for any type of crime in Scotland.

Nearly 30 per cent of acquittals were not proven, compared with 17 per cent for all crimes and offences.

Miss M said the not proven verdict is “clouded with ambiguity.”

She added: “The certainty we apply to guilty and not guilty does not apply to not proven. In amongst the uncertainty, what we know for sure is that not proven is most commonly used in cases of rape and sexual violence.

“I fear – as someone who spent three long years fighting the Scottish legal system – that the not proven verdict means that those who are raped are unfairly left without justice and those who rape face no consequence, no sanction for their actions.”

She is calling on the Scottish government to “give survivors a chance” and scrap the “outdated verdict” for good.

The campaign is supported by Engender, the Scottish Women’s Rights Centre and Zero Tolerance.

A Scottish Women’s Aid spokesperson, also backing the drive, said: “A verdict that is often interpreted as ‘we probably believe you but we don't have the evidence’ is just another element of a justice system that fails us time after time.

“Not proven is not justice and we stand by Miss M and those who want an end to this non-verdict.”

Some legal experts, however, believe the three-verdict system should be retained.

Brian McConnachie QC told BBC Radio Scotland’s Good Morning Scotland programme: “Juries understand the fact that there are two acquittal verdicts and the choice between them is simply a way of them indicating to the court which they feel best represents their verdict in the case.”

Some Scottish rape crisis centres also want to keep the “not proven” verdict, arguing that rape victims may be stigmatised if their alleged rapist is found “not guilty” and discourage them from coming forward.

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