Almost 50 accused rapists have been “diverted from prosecution” instead of being put on trial.
The Crown Office said that 48 people charged with rape were diverted to social workers or “other identified agency” over the past five years.
In 2018/19, prosecutors diverted one rape case from 687 reported to them by Police Scotland.
That number increased to three the following year and a record 16 in 2022/23.
The figures were disclosed by Lord Advocate Dorothy Bain KC in response to a parliamentary question by Scottish Conservative shadow justice secretary Russell Findlay.
Of the 48 cases, four of the alleged rapists were aged over 18, while the rest were under 18.
This revelation comes after it emerged in June that a 17-year-old accused of rape was diverted from prosecution – with his victim saying the decision left her feeling “totally let down”.
Scottish Conservative shadow justice secretary Russell Findlay MSP 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.”
Notes
A victim of an alleged rapist who was diverted from prosecution said she felt totally let down by the decision. The 17-year-old, who cannot be named for legal reasons, said: ‘I feel totally let down. Due to these guidelines, he’ll never see a day in court. What happened to me is something I think about every single day. It changed me but he is allowed to get on with his life. This being allowed to happen is so much more than just about me. It affects all women and girls who have been subjected to attacks.’ (Daily Record, 25 June 2023, link).
There have been a total of 48 individuals charged with rape who were diverted from prosecution. Lord Advocate Dorothy Bain confirmed that 48 individuals charged with rape had either completed or were in the process of completing a diversion from prosecution programme. This figure is broken down by one diversion in 2018-19, 3 in 2019-20, 14 each in 2020-21 and 2021-22 and 16 in 2022-23. (Written Parliamentary Question Answer S6W-19936, 1 August 2023, attached).