THE conviction rate for rape and attempted rape has fallen to its lowest level in almost a decade, according to official figures.

Just 39 per cent of proceedings in 2016/17 resulted in a conviction, 10 percentage points down on the preceding year, and the lowest rate since 2008/09.

Despite the number of court cases rising from 216 to 251 last year, the number of convictions fell from 105 to 98.

However the report noted the complex nature of rape trials meant there was often a delay in bringing cases to court, and the number of convictions may be “slightly underestimated”.

The latest Criminal Proceedings in Scotland bulletin also reported a decline in the conviction rate for all sexual crimes after five consecutive years of increases.

In 2010/11, there were 756 convictions in 933 court cases, a conviction rate of 81 per cent.

Last year there were 1037 convictions out of 1510 court cases, a rate of 69 per cent.

The bulletin also recorded an eight per cent drop in 2016/17 in both the number of court proceedings (107,338) and those subsequently convicted (92,334) across all crimes.

This coincided with national statistics on recorded crime hitting a 43-year low.

Despite the fall in prison sentences (from 16,762 in 2007/08 to 12,690 in 2016/17), the proportion of all offenders being jailed remained steady at 14 per cent.

With a presumption against short sentences for more minor offences, the average length of prison sentences, excluding life terms, is now 26 per cent higher than a decade ago.

The proportion of people given a community sentence has risen from 13 to 20 per cent in a decade, with greater use of community payback orders.

Scottish Labour said the falling conviction rate for rape and attempted rape was a particular concern, given it was already an under-reported crime. 

Labour justice Daniel Johnson said: “These figures are cause for serious concern [and] questions need to be asked as to why conviction rates are falling. 

"People need to have faith that coming forward means they will get support they need and see a robust process. 

“We also need to give more consideration to what support we give the victims of crime, particularly during the legal process and following the resolution of a proceeding.”

Justice Secretary Michael Matheson said: “While the relatively low conviction rate for rape reflects, in part, the challenging evidential requirements to prove this crime, the Government will continue to seek to strengthen the law where possible. 

“Since last April, judges are required to direct juries in certain sexual offence cases on how to consider evidence - specifically explaining why a victim may not physically resist their attacker, nor report an offence immediately. Our ongoing Jury research is also examining how juries reach decisions and use the ‘not proven’ verdict.

“As well as ensuring the justice system has the resources needed to pursue perpetrators and to better support victims, our preventative work includes education on the pervasive nature of gender-based violence – an issue on which people across society, in families, schools and the wider community, must continue to speak out against.”