Scottish judges remove barrier for rape cases going to court

Overturning the ruling should mean more cases will reach the required legal threshold to go to court, although juries will still have to be convinced beyond reasonable doubt of the accused’s guilt.

The quality of the evidence in a case will not be affected but prosecutors will be able to do more with what they have.

The Lord Advocate has often spoken of her desire to improve the legal system for victims of sexual crime.

The majority of rape cases reported to police do not result in prosecutions and of those that do, the conviction rate is significantly lower than for other offences.

For example, in 2022/23, 2,529 rapes and attempted rapes were recorded by Police Scotland.

That same year, 372 rape and attempted rape cases reached the courts. The conviction rate was 48%, compared to more than 80% for all crimes.

Speaking earlier this year, one law lecturer said overturning the Morton rule would in effect mean the end of corroboration as we have known it for close to a century.

Dr Andrew Tickell from Glasgow Caledonian University said the evidence from a single witness could be used to corroborate far more of the case.

Nine judges considered the Lord Advocate’s request because the decision in the 1930s had been made by seven of their predecessors.