NICOLA Sturgeon has condemned the “polarising” nature of Scottish politics in a new intervention amid a row over a pilot of judge-only rape trials.
The former first minister, penning an opinion piece in The Guardian, said that “often highly toxic” public discourse is not unique to Scottish politics - but that she now has a “different perspective” after almost two months since she resigned from the top job.
Sturgeon admitted that she had “underestimated the depth of the problem” and said the discussion around a pilot for judge-only rape trials was a “case in point”.
“That people have strong opinions and express them vehemently is to be celebrated,” Sturgeon wrote.
“Give me passion over apathy any day of the week. But it is depressingly striking in today’s politics just how quickly people adopt fixed and immoveable positions.
“I am not breaking news with this observation – but being more removed from the cut and thrust has made it so much starker to me.”
Sturgeon said that as the first minister who signed off on the Victims, Witnesses and Justice Reform (Scotland) Bill, she was a keen supporter of the legislation, but noted there arguments for and against are “finely balanced”.
It comes after Scottish lawyers threatened to boycott the pilot of judge-only rape trials, branding them “anti-democratic”.
“There has always been a recognition that the principle and detail of this proposal need serious consideration,” Sturgeon wrote.
“But before the ink was even dry on the draft legislation and without a single word of debate or evidence being heard in parliament, let alone the shape of the final proposal being known, fixed positions had been staked.
“I am not expecting, or even trying, to change minds with this article – but I am expressing a hope that it is not too late for us all to take a breath.
“This issue matters. It should be beyond party politics. And it should not be beyond our body politic to approach it differently.”
Sturgeon insisted that the debate should not be shut down, and that there should be acceptance there are “valid points” on both sides of the debate and a “good faith” approach should be adopted.
As Sturgeon pointed out, the reforms were not suggested by the Scottish Government, but came from Lady Dorrian’s review, Scotland’s second most senior judge.
Of the 2176 rape or attempted rape cases reported to police in Scotland in 2021-22, only 152 were prosecuted, and of those only 78 resulted in a conviction.
With conviction rates for rape and attempted rape at 51%, compared to 91% for offences overall, the former first minister added that the impact of “rape myths” cannot be ignored.
Sturgeon wrote that it is “uncomfortable” to acknowledge that views such as that victims should be to blame because of what they wore, or how much alcohol they had drunk, or that the woman may be making it up, are still prevalent in modern society.
However, she also cautioned that the counter arguments that for serious crimes the right to a fair trial before a jury of peers is “far from frivolous”.
“All these points, for and against, must be considered and addressed,” Sturgeon said.
“We should proceed on the strength of evidence and reasoned argument and, where necessary, make amendments to the bill as it stands.
“It is surely at the end of that process – not before it has even started – that a judgment should be made on whether or not it is possible to design a pilot that might help tackle the denial of justice for many rape victims, without compromising the rights of those accused of such crimes.
“I hope we may yet proceed on that basis. It will require the Government, as well as critics of the bill, to be prepared to keep an open mind.”
Sturgeon also said that as a backbencher she was “open to discussion on all aspects” of the justice reform legislation, and would consider supporting or tabling amendments that “help allay concerns”.
We previously told how Justice Secretary Angela Constance insisted there is “legitimate and pressing cause” to go ahead with the pilot despite the boycott threat from lawyers.
