Scottish judges are removing the barrier for rape cases to go to court

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

The quality of evidence in a case won’t 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 justice system for victims of sexual crimes.

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

For example, in 2022/2023, 2,529 rapes and attempted rapes were recorded by Police Scotland.

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

Earlier this year, a law professor said that overturning the Morton Rule would essentially mean the end of affirmation as we have known it for nearly a century.

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

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