A St Andrews rape survivor says victims’ voices are finally being heard after a move to scrap the not proven verdict in Scottish courts.
The former St Andrews University student, known only as Miss M, has been campaigning for years to have the controversial verdict removed.
Not proven gave juries a third option when reaching a verdict in a criminal trial.
But it was treated as an acquittal – the same as a not guilty verdict – leading to many victims feeling they did not have closure.
Miss M accused Stephen Coxen of raping her after a night out in St Andrews in September 2013.
‘Not proven left me confused and frustrated’
Coxen, of Bury, Lancashire, was found not proven by a High Court jury in November 2015 – but was later branded a rapist in a civil court action.
Speaking on the university’s Scotland’s Future podcast, Miss M said: “I felt like I had no voice after I was raped.
“I was traumatised and put all my hope in the criminal justice system. I felt powerless and the criminal trial compounded my trauma.
“The verdict came back as not proven and it left me confused and frustrated that a decision wasn’t made – guilty or not guilty.
“In many ways, not proven was worse than not guilty.”
The move to scrap the not proven verdict is part of a range of reforms to Scotland’s justice system.
Changes will also be made to jury sizes, while a pilot project will see rape and attempted rape cases are held without a jury – meaning a single judge decides if an accused is guilty or not guilty.
Miss M said: “I’m glad that after five years of campaigning and all the research the Scottish Government has undertaken into jury trials, they’ve announced plans to abolish the not proven verdict.
“It’s fantastic news and shows victims that their voices are heard.
“A not proven verdict doesn’t comfort us and the research shows the verdict is misunderstood and used disproportionately in rape cases.
“We want a jury to reach a decision which gives us some form of closure.”
Sandy Brindley, chief executive of Rape Crisis Scotland, said: “In Scotland, rape has the lowest conviction rate of any crime type. The not proven verdict is used disproportionately in these cases.
“There is an urgent need to improve justice responses to rape. We welcome the Scottish Government’s announcement that the not proven verdict will be abolished.”
