Scotland’s top law officer will be quizzed by MSPs after a mum called for a change in the law to stop rapists under 16 avoiding jail.
Lord Advocate Dorothy Bain will speak to to a Holyrood committee considering a petition from the mum, identified only as Julie, who spoke out after her daughter’s alleged teen rapist avoided prosecution and was instead given therapy.
She wants the government’s diversion from prosecution guidelines to be changed to ensure under-16s charged with rape to be changed are treated as adults.
Julie, 54, from Ayrshire, said: “Our children deserve better protections than are currently afforded them. Justice needs to be done for victims of sexual assault and rape, no matter the age of the perpetrator. Our laws need to change.”
The Lord Advocate announced a review of the rules in July last year which was later expanded to include an examination of how offenders aged 12 to 15 accused of rape are dealt with by the Children’s Reporter system.
She will appear at the Scottish Parliament’s Public Petitions Committee in the new year.
Justice Minister Angela Constance and Siobhian Brown, Minister for Victims and Community Safety, are also expected to give evidence to the committee.
At a meeting last week – chaired by Tory Jackson Carlaw – MSPs were given an update on the diversion from prosecution review and vowed to write to Bain to ask her to attend in order to discuss Julie’s petition and another ongoing petition on addressing Scotland’s culture of youth violence.
The committee also heard how there were 266 cases reported of rape or attempted rape between January 2018 and December last year of children aged 12 to 15.
Diversion rules were designed for those committing low-level offending like vandalism or theft to be dealt with by social work, intervention or rehabilitation.
But it started to be applied to young males accused of rape. Last year we told how one girl, 18, from Ayrshire saw her alleged attacker, 18. dealt with under diversion from prosecution guidelines. Proceedings were halted hours before the boy was due in the dock.
The number of total diverted cases reached a high of 3354 in the year to the end of this March – a rise of 28 per cent on the previous year.
The Scottish Government has said its policy was to try to keep children out of the criminal justice system wherever it was possible.
Scottish Conservative shadow minister for victims Sharon Dowey MSP said: “SNP ministers insisted these orders would only be used for minor offences, but the reality is far different.”
A spokesperson for the Crown Office and Procurator Fiscal Service said: “The Lord Advocate has written to the petitioner and any request for information from Parliament will be responded to.”
A Scottish Government spokesperson said: “The Scottish Government is unable to comment on decisions made by the Crown, as these are a matter for the Lord Advocate as independent prosecutor. “
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