Almost 50 rape cases ‘diverted from prosecution’ since 2018

Almost 50 reported cases of rape were subject to “diversion from prosecution” by the Crown Office in the last five years, figures obtained by the Conservatives show.

In an answer to a parliamentary question, Lord Advocate Dorothy Bain KC said there had been 48 such cases since 2018.

A total of 3,555 rape cases were reported to the Crown Office over the same period.

Diversion from prosecution means prosecutors refer cases to social workers or another agency, rather than going to a trial.

It can be used in cases of offending by children or in circumstances involving learning disabilities.

The figures show four of the 48 cases involved alleged perpetrators who were over 18.

In diverted cases, the prosecutor reserves the right to take action in future if the diversion is not seen as successful.

The Tories called for a review of the practice of diversion from prosecution to be completed quickly.

Tory justice spokesman Russell Findlay said: “These shocking figures reveal an increasingly common practice of allowing accused rapists to dodge justice.

“Rape victims are being betrayed by the SNP’s pitifully weak justice system which takes the side of criminals and is completely out of touch with ordinary Scots.

“In the vast majority of these cases, the victims are women and girls who are fully entitled to proper justice.

“No alleged rapist should be allowed to walk away with a slap on the wrist and the Lord Advocate’s recently announced review of this practice must be speedy, thorough and transparent.”

In her response to Mr Findlay’s question, the Lord Advocate said diversion was used when prosecutors deemed it the most appropriate form of action.

Ms Bain said: “Such intervention can be particularly effective in cases of children’s offending, changing the direction of young lives for the better, and is consistent with the obligations on the Crown Office and Procurator Fiscal Service under the United Nations Convention on the Rights of the Child.

“I have ordered a review of how prosecutors deal with diversion from prosecution in cases of serious sexual offences such as rape.

“The review is timely in ensuring we are continuing to consider the rights of both accused and complainers particularly where they are children.”

A Scottish Government spokesperson said: “We recognise the devastating impact of sexual crimes on victims, their families and wider society.

“The Scottish Government is unable to comment on decisions made by the Crown, as these are a matter for the Lord Advocate as independent prosecutor.

“The Scottish Government is taking a wide range of steps to strengthen how victims and witnesses in sexual offence cases are supported and informed through the justice system.”