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Scotland’s unique legal outcome of “not proven” – an global judicial rarity thought to be a factor to lower convictions in rape cases – has been removed.

Parliamentary Decision and Reforms

MSPs agreed to remove the third option alongside major changes framed as placing survivors and those testifying at the heart of a modern and fair justice system.

The abolition of “not proven” – an outcome originating to the 1700s that acquitted the accused without finding them not guilty – was welcomed by advocates as returning survivors and their families back their voice.

Background and Impact

One prominent advocate, known as the survivor, earlier spoke out to end the verdict after securing a landmark civil case following a court case that ended in a “not proven” outcome.

“We have spoken up about how harmful this verdict is. Today we have been heard and the changes to the legal system are going to make it more just and more transparent in the future.”

During the last judicial year, the “not proven” verdict made up 61% of acquittals in rape and attempted rape cases, compared to an overall percentage of 22% for all criminal offenses.

She stated: “To know that another rape victim isn’t going to go through what I did after my criminal trial is the main motivation I’ve put so much time and energy into this movement.”

Broader Legal Reforms

The final vote on the government’s legal modernization bill resulted in it pass by 71 votes to 46 after extensive discussion and over 160 proposed changes.

Key measures feature:

• Introduction of a supermajority verdict requirement for conviction
• Formation of a specialist court for sexual crimes
• Guarantee to lifelong privacy for those reporting rape
• Introduction of a victims and witnesses commissioner
• Automatic right to state-supported legal representation for victims in hearings regarding past behavior questions

Support and Reactions

While the changes were largely supported, some opposition voices claimed the bill failed to seize chances to tackle other issues, such as grooming gangs and early release requirements.

At the same time, support groups and professional associations expressed reservations over the increase of the conviction threshold, suggesting it could create barriers for victims to obtain justice and potentially weaken the significance of a conviction.

Despite these reservations, the legislation represents a major shift toward a more survivor-centered legal framework in the country.