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Rape survivor behind campaign to scrap not proven verdict tells MSPs to end ‘harrowing process’

By David Bol

Copyright scotsman

Rape survivor behind campaign to scrap not proven verdict tells MSPs to end 'harrowing process'

The rape survivor who sparked the campaign for Scotland to abolish the not proven verdict has made a final plea for MSPs to end the “harrowing process” for victims when they vote on flagship legislation this week. In 2019, a sheriff in a civil case ruled that Stephen Coxen had raped a woman, known as Miss M after a night out in Fife in 2013 and ordered him to pay her £80,000. This came after Coxen had previously faced a criminal trial but the case was found not proven. It was the first civil damages action for rape in Scotland following an unsuccessful criminal prosecution in almost 100 years. MSPs will this week vote on the Scottish Government’s flagship Victims, Witnesses and Justice Reforms Bill, which if agreed, would scrap Scotland’s no proven third verdict. READ MORE: MSPs warned not to ‘cheapen guilty verdict’ as not proven to be scrapped amid jury majority fears The Holyrood final stage three debate and vote is scheduled late on Tuesday night but it is likely the historic vote could be moved to Wednesday. Speaking ahead of the crunch vote, Miss M said receiving a not proven verdict in the criminal trial 10 years ago left her “confused and angered by a system I’d put all my hope in”. She added: “The not proven verdict didn’t provide an end to this harrowing process and it certainly didn’t bring closure. READ MORE: ‘Rapists are walking free’: SNP told to investigate rape myths infiltrating jury deliberations “It was an insult to the trauma I had been through and to the tenacity I had shown over the years leading up to trial. “After my criminal rape trial I decided to go back to court and spent three years pursuing a civil rape case against Stephen Coxen. I needed closure and for someone to finally make a decision.” Miss M added: “I started this campaign alongside Rape Crisis Scotland and was shocked to understand the different definitions that organisations had for the not proven verdict. READ MORE: SNP to use sexual offences court to clear backlog and let survivors tell offenders about impact “There is no difference between not guilty and not proven and I wanted this to be known. “Together survivors and their families have shared their experiences of being failed by a not proven verdict. The research has shown it is misunderstood and used disproportionately in sexual offence cases. “This week we wait to hear what the outcome of the final vote will be. I still can’t quite believe the campaign has got to this stage but it shows the strength of every survivor who has spoken up throughout this campaign.” All Holyrood parties have backed the principle of abolishing but opposition parties remain unconvinced on other aspects of the Bill. Sandy Brindley, chief executive of Rape Crisis Scotland, said: “After years of tireless campaigning and the survivors who have shared their experiences, we are finally on the cusp of change that has been desperately needed for so long. “The not proven verdict is disproportionately used in cases of sexual violence. “Survivors have told us repeatedly that a not proven can be completely devastating, providing no closure, and making it difficult to move on. It is an ambiguous verdict which confuses jurors and the public, and we will be glad to see it removed.” First Minister John Swinney said the legislation will give victims and survivors “evermore protection”. He added: “I am confident that the Bill will meet the needs of victims. “That’s obviously a test that Parliament has got to apply to it and that case will be made powerfully by the Justice Secretary tomorrow.”