Analysis: It can be devastating for survivors to find out their case is not going to make it to court

WHEN new crime statistics are issued, we are often asked at Rape Crisis Scotland if we think an increase in reported rape means that more rapes are taking place, or more women having the confidence to come forward.

As rape is such an under-reported crime, it is always impossible to answer this question with any degree of certainty.

The new rape figures for 2010-11 are even more difficult to interpret, as for four months of this year a new, broader definition of rape, including for the first time male rape, has been in operation, meaning that offences previously classified separately now come under the heading of rape.

This would account for at least part of the 14 per cent increase in reported rapes in the new crime figures. It is unlikely, however, to account for all of the increase.

We know that services such as Archway – a sexual assault referral centre providing forensic examinations, sexual health services and support and counselling to people throughout the Strathclyde Police area who have been recently raped or sexual assaulted – have seen a significant increase in the number of people using their services over the past year.

Given the courage it can take someone to report a crime like rape to the police, it is a matter of concern to see the drop in the police clear-up figure to 55 per cent.

The term “cleared up” is not in itself the clearest – it relates to a determination that there exists a sufficiency of evidence under Scots law to justify consideration of criminal proceedings.

The 45 per cent of cases not “cleared up” are likely to cover a very wide range of circumstances, from cases where the police have been unable to trace the accused, to situations where there is lack of forensic evidence linking the accused to the complainer (for example when it takes the complainer some days, weeks or longer to feel able to report to the police).

However, what is certain is that it can be completely devastating for rape survivors to find out that their case is not going to make it to court.

Lord Carloway has been reviewing the law in Scotland following on from the controversial Cadder judgment.

Part of his considerations includes looking at the requirement for corroboration in Scots law.

Given that rape often takes place in private, perhaps it is time to consider whether the current requirements of proof for rape unduly restrict access to justice for all but the smallest number of rape survivors.

lSandy Brindley is national co-ordinator at Rape Crisis Scotland.