Scotland’s juryless rape trials are based on a myth

Scotland currently faces a huge threat to the criminal justice system, in the form of juryless trials in rape cases.  

In the Victims, Witnesses, and Justice Reform (Scotland) Bill, currently making its way through Holyrood, there is a proposal to carry out a pilot scheme where rape cases are adjudicated by a judge without a jury. A key reason given is that there is ‘overwhelming evidence’ that the public are prejudiced and believe in what are called ‘rape myths’ – with people blaming the victim instead of the perpetrator of a rape. Essentially, the argument is that the public cannot be trusted because they are backward and sexist and cannot possibly be expected to come to a just decision in a court of law. 

When you examine this ‘overwhelming evidence’ though, it suddenly appears very shaky. 

The proposal for juryless trials in Scotland first came about via the paper Improving the Management of Sexual Offence Cases, written by Lady Dorrian, the second most senior judge in Scotland.