Sexual offence case statistics: FOI release

Information requested

I am contacting you following recent FOI requests I submitted to COPFS (R-15865-25) and SCTS (FOI 2025-349), copies of which are attached for reference.

As you will see, both bodies indicated that detailed statistics on rape and sexual assault case outcomes are not available directly through FOISA. SCTS confirmed that raw data from court records is instead provided to Justice Analytical Services to produce official statistics.

I am finding it difficult to locate the precise information I require. Specifically, I am seeking data mentioned within the attached documents (ideally with annual breakdowns) for the last 10 years on:

• The number of rape and sexual assault cases reported and prosecuted.
• Outcomes of those cases (conviction, acquittal, not proven).
• Conviction/acquittal rates expressed as percentages.
• Comparative use of the “not proven” verdict in sexual offence cases versus other criminal cases.
• Any internal reports or analysis on the impact of the “not proven” verdict in sexual offence trials (if available for release).

If this information is already publicly available, I would be grateful if you could direct me to the specific publications or datasets. If not, I would be grateful if JAS could advise whether it is able to provide this information directly, or whether another body should be approached.

Response

Most of the information you have requested is available as follows:

• The number of rapes and sexual assaults reported are available in Table 1 and Table A5 provides more detail at the link Supporting documents - Recorded Crime in Scotland, 2024-25 - gov.scot
• The main tables of the latest Criminal Proceedings (CP) in Scotland publication are available at the link - Supporting documents - Criminal Proceedings in Scotland, 2022-23 - gov.scot . The CP data counts people, not cases, and a single case may have multiple accused persons. The CP data counts people who are proceeded against or convicted in Scottish courts related to the main charge involved. If there are multiple charges libelled on a complaint or indictment, and thereafter proven against an accused in a single proceeding, the main charge is the crime or offence receiving the most severe penalty. The publication contains the following information as requested:
  * The number of rapes and sexual assaults prosecuted in Table 4a
  * Outcomes of those cases (conviction, acquittal, not proven) in Section 3, Chart 4 and Table 2
  * Conviction/acquittal rates expressed as percentages in Table 4c and Chart 4 and Table 2.
  * Comparative use of the “not proven” verdict in sexual offence cases versus other criminal cases in Table 2.
• We do not have any internal reports or analysis on the impact of the “not proven” verdict specifically in sexual offence trials. However you might be interested in the following: *Jackson E, Curley L, Leverick F, Lages M. The effect of verdict system on juror decisions: a quantitative meta-analysis. Psychiatr Psychol Law. 2024 Jan 11;32(1):23-41. This is a quantitative meta-analysis published in 2024, that examines the effect of the Scottish three-verdict system (guilty, not guilty, not proven) and the Anglo-American two-verdict system (guilty, not guilty) on juror decisions. *please also see attached the EQIA document for Not Proven which might be of interest to you. To note, there is a published and publicly available EQIA for the entire Bill but each policy area has its own and these are not published which is why I am attaching it here.                                                                                                                  

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

FOI 202500484360 - Information released - Document

File type

PDF

File size

359.4 kB