Scotland’s one-of-a-kind legal outcome of “not proven” – a worldwide legal anomaly believed to be a factor to reduced convictions in sexual assault cases – has been scrapped.
Parliamentary Vote and Changes
Scottish parliamentarians agreed to eliminate the third verdict alongside significant changes framed as putting survivors and those testifying central of a contemporary and fair legal system.
The abolition of “not proven” – a verdict dating back to the 1700s that cleared defendants without declaring them not guilty – was welcomed by campaigners as returning victims and their families back their voice.
Context and Effect
A prominent campaigner, referred to as Miss M, previously campaigned against the verdict after winning a landmark civil ruling after a court trial that resulted in a “not proven” outcome.
“I have spoken up about how damaging this verdict is. Today we have been heard and the improvements to the legal system are going to make it fairer and more transparent going forward.”
During the last judicial year, the “not proven” verdict made up 61% of not guilty outcomes in sexual offense cases, versus an general rate of 22% for all criminal offenses.
The campaigner stated: “Knowing that a future rape victim won’t have to experience what I had to following my court case is the very reason I’ve put so much effort into this movement.”
Broader Legal Reforms
The final vote on the parliament’s justice reform bill resulted in it pass by 71 votes to 46 after lengthy discussion and over one hundred sixty proposed changes.
Major reforms feature:
- Introduction of a supermajority jury majority for conviction
- Creation of a specialist sexual offences court
- Guarantee to lifelong privacy for those reporting rape
- Appointment of a victims and witnesses commissioner
- Automatic access to state-supported legal representation for complainers in hearings regarding previous sexual history questions
Support and Reactions
While the changes were broadly backed, some opposition figures argued the bill missed opportunities to address other concerns, such as grooming gangs and early release requirements.
Meanwhile, support groups and professional associations expressed reservations over the raising of the jury majority, stating it could create barriers for victims to achieve justice and potentially devalue the significance of a conviction.
In spite of these reservations, the bill marks a significant step toward a increasingly victim-focused legal framework in Scotland.
