Challenges in the investigation and prosecution of rape and serious sexual offences in Scotland

Burman, M. and Brindley, S. (2021) Challenges in the investigation and prosecution of rape and serious sexual offences in Scotland. In: Killean, R., Dowds, E. and McAlinden, A.-M. (eds.) Sexual Violence on Trial: Local and Comparative Perspectives. Series: Routledge studies in crime and society. Routledge: Abingdon, Oxon ; New York, NY, pp. 199-211. ISBN 9780367404277 (doi: 10.4324/9780429356087-21)

Abstract

In the context of increased attention paid to sexual violence by governments across the UK jurisdictions, the response of the criminal justice system in dealing with rape and serious sexual offences, and its impact upon those reporting these offences, continues to be subject to scrutiny. Of particular concern are high rates of attrition, low conviction rates, the prevalence of rape myths and the marginalisation of those who report. This chapter focuses on particular challenges posed for the investigation and prosecution of rape and serious sexual offences. Drawing on the Scottish experience, it highlights the ways in which evidential challenges posed by corroboration and the admissibility of personal records combine with procedural issues such as delays and uncertainties in the progression of cases to impact negatively on the ability of those reporting rape to give their ‘best evidence’.

• Item Type: Book Sections
• Status: Published
• Glasgow Author(s) Enlighten ID: Burman, Professor Michele
• Authors: Burman, M., and Brindley, S.
• College/School: College of Social Sciences > School of Social and Political Sciences > Sociology Anthropology and Applied Social Sciences
• Publisher: Routledge
• ISBN: 9780367404277
• Published Online: 01 March 2021
• Copyright Holders: Copyright © 2021 Routledge
• Publisher Policy: Reproduced in accordance with the copyright policy of the publisher