Much positive work is under way to improve the conviction rate for rape in Scotland. According to the latest figures, fewer than 4% of rapes reported to the police result in a successful prosecution. The conviction rate is among the worst in Europe and, in an effort to secure more prosecutions (while also protecting the rights of the accused), the Scottish Executive is in the process of implementing 50 recommendations from an expert group, including a presumption in favour of prosecution unless there are insurmountable weaknesses in evidence. In addition, the independent Law Commission is expected to conclude in an awaited report that the definition of rape should be widened and that there should be more flexibility in the degree of corroboration required.

Much positive work is under way to improve the conviction rate for rape in Scotland. According to the latest figures, fewer than 4% of rapes reported to the police result in a successful prosecution. The conviction rate is among the worst in Europe and, in an effort to secure more prosecutions (while also protecting the rights of the accused), the Scottish Executive is in the process of implementing 50 recommendations from an expert group, including a presumption in favour of prosecution unless there are insurmountable weaknesses in evidence. In addition, the independent Law Commission is expected to conclude in an awaited report that the definition of rape should be widened and that there should be more flexibility in the degree of corroboration required.

The aim is to encourage more women who have been raped to come forward and secure justice. This will not be achieved if victims lack confidence in the judicial system serving their interests. The conviction rate, at an all-time recorded low level, suggests that a lack of confidence is not misplaced. Consequently, many rapes probably go unreported and the perpetrators remain at large. Clearly, this is an unacceptable situation from the perspective of the victim. Also, it reflects badly on the criminal justice model. As The Herald reveals today, however, it will probably be necessary to look beyond the law and the workings of the police and the courts to improve matters for rape victims. As we report, research carried out for the executive shows that attitudes to rape victims are not as sympathetic or enlightened as they should be, especially among men. The study examined the impact of an advertising campaign on attitudes to domestic violence. When asked about rape, roughly one respondent in five thought a woman was partly responsible for the assault if she was drunk or wearing revealing clothing. More than one in four thought the victim was partially to blame if flirting.

These are depressing, not to say shocking, findings that have implications for the executive's strategy to secure more rape convictions. As with other criminal cases, rape trials are heard by a jury. If perhaps one juror in five believes the victim was in part to blame for being raped if there was evidence she had been drinking, wearing revealing clothes or flirting, it is perhaps not so surprising there are so few prosecutions. The measures being implemented and the changes in rape law being contemplated will have a limited impact so long as such antediluvian attitudes persist. Eradicating them should be made a priority.