“Scotland has made major changes to the way rape cases are judged: this is why it's a victory for survivors”

A decade ago, ‘Miss M’ watched her rapist walk free from court. This moment, fuelled by heartache and rage, saw Miss M begin a tireless campaign to overhaul the Scottish legal system, and bring much needed justice to survivors. This week, she is finally seeing the changes she fought for, including an end to the controversial ‘not proven’ verdict – the verdict which allowed her rapist, initially, to carry on with his life, with no repercussions.

As a journalist, there are some stories that really stay with you, often those with miscarriage of justice at the heart and three years ago, while working as an editor at Cosmopolitan UK, I brought up the story of ‘Miss M’ in a morning pitch meeting. I told the team that she’d been campaigning to end the ‘not proven’ verdict after witnessing her rapist avoid conviction.

Created in the 18th century, the archaic ruling (which essentially translates to mean: there’s some evidence, but we’re not sure) has been dubbed a cop out, and has been disproportionately used in cases of rape and other sexual offences, according to Rape Crisis Scotland. In reality, ‘not guilty’ and ‘not proven’ hold the same impact, a spokesperson for Rape Crisis Scotland told Cosmopolitan UK: “They’re both acquittals”.

The figures are bleak. Just 48% of rape and attempted rape cases in Scotland ended in a conviction in 2022/23 – that’s the lowest rate for any type of crime (overall it’s 88%), and this is out of the very small number that even make it to court (less than 4%). In that same time period, ‘not proven’ made up 61% of rape and attempted rape acquittals, compared to an overall rate of 22% for all criminal offences.

Survivors and their families have long thought the option of ‘not proven’ allowed juries to skip out on making a decision. It felt deeply unfair that the evidence was there but the ‘not proven’ verdict offered a route for jurors to opt out of truly examining the case in front of them. On 17 September, MSPs voted to scrap it.

Stephen Coxen had assaulted Miss M when she was severely intoxicated during her Freshers’ Week celebrations at St Andrews University in 2013. As part of the harrowing incident, Coxen forced his penis into Miss M’s mouth so hard that she bled and yet, after recounting that traumatic experience in court, the jury returned a ‘not proven’ verdict and she was left to watch Coxen walk free.

After Coxen’s trial for rape in 2015, Miss M set on a path to become a key campaigner for justice reform. In 2016, she started looking into a civil case against Coxen and went on to successfully sue him in 2018 – meaning she could finally call him what he is: her rapist. Later that year, she launched her crusade to abolish the ‘not proven’ verdict with Rape Crisis Scotland, hoping to prevent other survivors from having to watch their attackers walk away without consequence.

The change comes as part of a new, bigger bill to transform the justice system for victims. “Trauma-informed practice” will be “embedded across the system to avoid victims being re-traumatised by the legal process,” announced the Scottish government. And the ruling is being celebrated as a momentous milestone for survivors. At last, their voices are being heard.

Throughout Miss M’s campaign, she found that people were shocked to hear she’d have preferred a ‘not guilty’ verdict over ‘not proven’. “I’ve always said there is no difference between not proven and not guilty,” she says, but “at least with a not guilty verdict, the jury makes a decision.”

“The removal of the not proven verdict has given survivors and their families back their voice,” Miss M adds. “We’ve all spoken up about how damaging this verdict is. Today, we have been listened to and the improvements to the legal system are going to make it fairer and clearer going forwards.”

Rape Crisis Scotland’s chief executive Sandy Brindley commended Miss M and countless other survivors who’ve campaigned tirelessly to remove the ‘not proven’ verdict. “Their experiences represent the many people across Scotland who have been let down by ‘not proven’ – a verdict that was impossible to define, confused jurors and the wider public, prevented closure for victims, and was ultimately no different than a verdict of not guilty,” concludes Brindley.

The new bill will also eventually see the creation of a separate sexual offences court, and although Rape Crisis Scotland is rejoicing over this significant milestone, a spokesperson reminds us that there’s still a lot of work and support needed in order for these changes to become a functioning reality. But it all goes to show that while change may take time, continuing to apply pressure to those in power – to ensure they do the right thing – can result in real victories.

For more information and support on sexual assault, visit the Rape Crisis website or call 0808 802 9999.

Alice Snape

Associate Features Editor

Alice is a freelance writer, editor and author of Tattoo Street Style. She's currently working with the features team at Cosmopolitan UK (across print and digital). She loves writing in long-form, and covers everything from issues and news affecting women to books, health, art and culture. When she's not working, she's probs watching reality TV, reading a book or out walking with her dog.