A mum whose daughter’s alleged rapist avoided prosecution in court due to his age has taken her fight to change the law to the Scottish Parliament.
The mum, identified only as Julie, is behind a petition calling for the rules on prosecuting those under 16 charged with rape to ensure they are made to face criminal charges in court.
We previously told how the mum was devastated after a 15-year-old boy didn’t face court charges over allegations he raped her daughter, Maya, in her bedroom when she was just 14 between December 2019 and January 2020.
His case was dealt with by the Scottish Children’s Reporter Administration (SCRA) in agreement with the Crown Office and Procurator Fiscal Service (COPFS) due to his age.
The boy was instead referred for therapy and went on to join the Army.
Julie, 54, from Ayrshire, said: “My daughter has been left devastated that her attacker has even stepped foot in a court for what he did to her.
“Her life has been changed forever whilst he has gone to live his life freely without any criminal conviction or punishment. We are so relieved the Scottish Parliament has acknowledged the seriousness of this petition.
“It’s an antiquated system that needs a serious overhaul and for this to become law to protect our children.
“People need to be aware that this is the system that is in place and it is one that does nothing to protect victims.”
Earlier this month we told how a major review into how sexual offences committed by young people are dealt with by prosecutors is to be expanded after Scotland’s top law officer, Lord Advocate Dorothy Bain KC, ordered an examination of the treatment of how offenders aged 12 to 15 accused of rape are dealt with by the children’s reporter system.
It is to be included in the probe into controversial diversions from prosecution rules which has seen young rapists steered from criminal convictions and given counselling instead.
Scottish Conservative shadow justice secretary Russell Findlay MSP: “It is tragic that a teenage rape victim was so badly failed by the SNP’s weak and secretive justice agenda that she and her family are forced to take their fight for justice to parliament.
“The Scottish Conservatives have no hesitation in backing this brave family’s bid to ensure that those accused of rape are put on trial.”
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A spokesperson for the Crown Office and Procurator Fiscal Service said: “We have meet with the complainer and thse supporting her and have taken their views on board.
“The scope of the review has been extended but is making good progress and places victims at its heart. COPFS contributes to system-wide solutions to address offending behaviour in young people. Decisions are taken by prosecutors in the public interest, including the interests of all the children involved.”
A spokesperson for the Scottish Parliament’s Citizen Participation and Public Petitions Committee said: “The petition has been lodged and once the impartial SPICe briefing and an initial view from the Scottish Government have been published, the petition will be scheduled for consideration by the Committee.”
The petition can be viewed at: https://petitions.parliament.scot/petitions/PE2064
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