THE LAW ON RAPE

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Conference
2008 National Women's Conference
Date
25 October 2007
Decision
Carried

Conference believes that every woman should live free from the threat of rape. The present law on rape in Scotland is outdated and antiquated, and there are a growing number of organizations calling for the definition of rape to be reformed. At present the narrow definition of both what constitutes rape and consent allows some accused rapists to escape conviction on the grounds that a woman has not explicitly objected to sex.

As of April 2007 the conviction rate for rape in Scotland has dropped to a record low of 3.9%. Indeed Scotland on Sunday revealed that as few as 6% of women who seek counselling for rape report that crime to the police. Clear up rates for rape and sexual assault have fallen to 6.7% and 5.9% respectively. Conference is worried that women who have been raped will be put off from seeking judicial action by the prospect of an arduous prosecution process offering little chance of conviction.

In England and Wales the conviction rate, although better remains under 10%. Conference recognizes that there is a significant piece of work to improve the conviction rate.

Conference welcomes the commitment by the Scottish Government to prioritise reforming the law on rape as part of their legislative programme for the following year.

Conference calls on the National Women’s Committee to:

1)Campaign for reforms on the law on rape in Scotland, including widening the definition and closing the loophole.

2)Work with appropriate women’s organizations to campaign for increased conviction rates for rape across the country.