MINISTERS are poised to back moves to widen the definition of rape in a move they claim will turn around Scotland's abysmal conviction rate for sexual crimes, Scotland on Sunday can reveal.
The present, narrow definition of rape is set to be replaced with a law that covers a wide range of sexual assaults, including attacks with objects and male-on-male crimes.
Ministers believe the reform will encourage thousands more women - and me
n - each year to report sex attacks and increase the abysmally low conviction rate for rape, which stands at just over 4%.
Last week, Scotland on Sunday revealed official figures from Rape Crisis Scotland which showed that as few as 6% of women who contacted them reported sex assaults to police.
The law at present defines rape as the forced, penile penetration of a woman's vagina, with other attacks typically labelled as sodomy or indecent assault.
But a report by law chiefs due next year is to recommend this be changed, and ministers have now publicly declared they are prepared to support it.
There are about 900 recorded rapes a year in Scotland, but only 6% lead to prosecutions, and 4.3% to convictions. All the rest are dropped.
Recent records show there were also 209 assaults with intent to rape and a further 1,597 reported cases of indecent assault. Of these, only 8% go to court and 6% result in conviction.
Under the plans, the definition of rape will be extended to cover any crime of penile penetration. It is also expected to introduce a new crime of 'sexual assault by penetration' to cover other forms of non-penile penetration. Also expected is a new crime of 'sexual assault by touching', under which offenders could be prosecuted for groping someone without their consent.
The reform of rape laws is also expected for the first time to define the issue of rape and consent.
This has proved an enormous problem because of the difficulty of proving there was no consent in circumstances where there are hardly ever witnesses. And until the law was changed in 2001, it had been necessary for the prosecution to prove lack of consent by demonstrating there had been violence.
One option under consideration is to require accused rapists to prove they received a "tangible act of agreement" from a sexual partner before having sex. This could mean men who took advantage of women who were inebriated or semi-conscious might be more likely to be classified as rapists.
The move has come in the wake of a series of high-profile cases which have been seen as highlighting problems in how Scots law deals with the issue of rape.
In 2000, Kim Shannon - then 16 - was plied with alcohol, including drinks spiked with date-rape drugs and then raped and dumped in the street.
She was initially told that there was too little evidence for her case to go to court, but the Crown changed their minds after she took an overdose. The two men who attacked her were convicted under the Scots law offence of clandestine injury - having sex with an unconscious woman - because the law did not recognise their crime as being rape. The reforms to the legal system mean they would be likely to face a rape charge.
Justice minister Cathy Jamieson told Scotland on Sunday she was backing the changes in the law, which are expected to be proposed by the Scottish Law Commission early next year.
Jamieson said: "We have asked the Scottish Law Commission to review all the legislation around sexual offences and I expect to get an initial report from them soon.
"I expect they will recommend changes to the law. They are dealing with a range of issues around the definition of rape which currently is very narrow. It requires a particular sexual act. There are a whole range of other, equally serious, offences but the law does not allow them to be prosecuted in the same way, such as male on male rape.
"You might be able to define that in a way that isn't quite so narrow. That might help in terms of convictions."
Proposals to change the law are unlikely to be put in place until after next May's Scottish elections, but campaigners say they are long overdue.
Eileen Maitland, of the Scottish Rape Crisis Centre, said: "The seriousness of many sexual offences is not reflected in the law because only vaginal penetration is covered within the current definition. That rules out many potential rape victims.
"With the conviction rate being barely 4%, something must be done because it is an appallingly low figure."
Professor Gerry Maher of the Scottish Law Commission, who is preparing the report to ministers which will underpin the new legislation, said there had been support for a wider definition of rape to ensure more offenders were dealt with.
"The crucial thing we looked at was whether the definition had to be widened and a lot of the people we have consulted agreed with that," he said.
"Very serious assaults short of rape are labelled presently as indecent assaults. We are trying to change the language."
The move to change the rape laws will bring Scotland in line with England, where the law was changed recently. In Scotland, the last major change to the law was in 1976.
