Scotland's top law officer takes action and makes changes to diversion policy after Sunday Mail campaign

SCOTLAND'S top law officer has put in place safeguards to protect rape victims after a Sunday Mail campaign.

- BY JENNIFER HYLAND

Lord Advocate Dorothy Bain KC will today announce changes to diversion from prosecution rules after we revealed cases of alleged rapists being spared criminal trials and given therapy instead.

The issue was first highlighted in June 2023 when we revealed how two women, who had reported attacks and were prepared to go to court, were told the cases would not go ahead under the guidelines.

Amid public and political outcry, Bain ordered an examination of how the controversial policy is used.

The review was then expanded to probe the way offenders aged 12 to 15 accused of rape were dealt with by the Children's Reporter system after a campaign by a victim's mum.

We can reveal additional safeguards have been put in place meaning all future decisions on diversion from prosecution will only be taken by senior Crown counsel appointed by the Lord Advocate.

Following the review, communication with victims around decisions on cases involving children and sexual offending has also been prioritised.

Bain said: "The Sunday Mail has brought attention to the way in which diversion from prosecution has been applied in sexual offences cases.

"I have read the very powerful accounts given by girls and women who clearly felt they had been let down by the criminal justice system. Women and girls who suffer harm in sexual offending, and who then find the incredible courage to come forward to report what they have been through, must have confidence in the system they step into.