Scotland’s Top Law Officer to Face Questions from MSPs Following Mother’s Call for Imprisonment of Rapists Under 16
Scotland’s Lord Advocate, Dorothy Bain, is set to be questioned by Members of the Scottish Parliament (MSPs) after a mother raised concerns over the handling of rape cases involving individuals under the age of 16. The mother, identified only as Julie, called for a change in the law after her daughter’s alleged rapist, a 15-year-old boy, avoided prosecution and was instead provided with therapy.
Julie, from Ayrshire, expressed her disappointment over the lack of accountability for perpetrators of sexual assault, regardless of their age. She urged for a reform in the government’s guidelines on diverting individuals from prosecution to ensure that those under 16 charged with rape are treated as adults. Lord Advocate Dorothy Bain initiated a review in July, and recent figures have shown that multiple rape cases involving young offenders have been handled similarly.
The review has been expanded to include an examination of how individuals aged 12 to 15 accused of rape are managed within the Children’s Reporter system. Amidst these developments, the Scottish Parliament’s Public Petitions Committee is scheduled to host hearings with the Lord Advocate, Justice Minister Angela Constance, and Minister for Victims and Community Safety, Siobhian Brown, in the coming months.
The committee meeting, chaired by Tory Jackson Carlaw, recently provided updates on the review of diversion from prosecution and highlighted the need to address concerns raised by Julie’s petition as well as another petition concerning youth violence in Scotland. Statistics revealed a total of 266 reported cases of rape or attempted rape involving children aged 12 to 15 between January 2018 and December 2023.
While diversion rules were originally intended for minor offences such as vandalism or theft, they have increasingly been applied to young males accused of rape. This shift in practice has been met with criticism from various quarters, including the Scottish Conservative shadow minister for victims, Sharon Dowey MSP, who emphasized the need for accountability and appropriate legal measures.
As discussions unfold surrounding criminal justice procedures for juvenile offenders, the Scottish Government aims to uphold its commitment to keeping children out of the judicial system wherever feasible. The outcome of these deliberations is anticipated to have significant implications for how cases of youth-related sexual violence are addressed going forward.
In summary, the push for legislative changes to ensure accountability for perpetrators of sexual offences, regardless of age, underscores the ongoing challenges faced by victims and their families in seeking justice. The upcoming parliamentary inquiries and review processes will play a crucial role in shaping the legal landscape surrounding youth offenders and providing a framework that upholds the principles of justice and protection for all individuals affected by sexual violence.