Acquittals
Rape and attempted rape have the highest of all acquittal rates in Scotland, at 45%, followed by sexual assault at 31%. The differences in conviction rates are very stark when compared with the average acquittal rate for crimes and offences, which is just 6% (Criminal Proceedings in Scotland 2022-2023).
Convictions
Since 2020/2021, which saw the lowest number of convictions for both sexual assault and rape and attempted rape, the rate of convictions for both categories have increased. Overall, sexual crimes convictions have increased by 10% since 2021/22, and by 25% over the last decade (Criminal Proceedings in Scotland 2023-2023).
Sentencing
Due to the severity of the crime, a custodial sentence is the most frequently used disposal for rape and attempted rape, being imposed on 96% of those convicted. Rape and attempted rape also attract the longest average custodial sentence of all crime types, with the exception of a life sentence. The average custodial sentence length for rape and attempted rape is just under 7 years (Criminal Proceedings in Scotland 2022-2023).
Justice Journeys 