28/07/2014

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:00:00. > :00:00.Exclusive figures show police in different parts of Scotland

:00:00. > :00:26.treat rape allegations very differently. Why?

:00:27. > :00:28.If you've been raped, it shouldn't matter where it happened.

:00:29. > :00:31.But according to our exclusive investigation, the police are far

:00:32. > :00:34.less likely to investigate in some parts of Scotland.

:00:35. > :00:42.We've been to the US state of Oregon, where their laws on assisted

:00:43. > :00:44.suicide look a lot like the bill before the Scottish Parliament.

:00:45. > :00:49.And record breakers - as Libby Clegg wins the 100m and Scotland takes

:00:50. > :01:00.We have been investigating how the police in different parts

:01:01. > :01:03.of Scotland treat women who say they have been raped.

:01:04. > :01:04.And we've uncovered huge regional variations.

:01:05. > :01:07.In the former Grampian force area, they marked a third

:01:08. > :01:12.In other places, only 5% were considered "no crime".

:01:13. > :01:30.Some crimes are never reported, some go unsolved and others are marked as

:01:31. > :01:33.no crime. Kate's exporter was convicted of assault against her in

:01:34. > :01:40.the past, but the abuse was to get worse. Five years later, I was

:01:41. > :01:46.walking from my house to the local shops, and he appeared from

:01:47. > :01:52.nowhere, raped me, it was at that point that he threatened me if I was

:01:53. > :02:00.to go to the police. What did he say? He said, if you tell anyone

:02:01. > :02:05.about this, these will be the last things you have say. Only the

:02:06. > :02:11.assault was prosecuted, the rape was not even recorded as a crime. The

:02:12. > :02:18.police came and fitted extra security to my house, but the CID

:02:19. > :02:29.themselves were very unhelpful, very intimidating. Not supportive or

:02:30. > :02:34.empathetic. In your case, it never went on to the procurator fiscal. I

:02:35. > :02:38.don't believe it did. It is a violent offence fraught with

:02:39. > :02:45.controversy, concerns about low conviction rate have triggered

:02:46. > :02:51.changes. Rape cases will now be investigated

:02:52. > :02:57.more like murder enquiries... There should be a standard of excellence

:02:58. > :03:02.across Scotland. It should ensure these cases are treated with a level

:03:03. > :03:06.of expertise by officers who are very well trained in this area

:03:07. > :03:12.according to guidance, and will ensure that the same standards are

:03:13. > :03:14.applied in these serious cases. Scotland's new police force has made

:03:15. > :03:19.tackling rape one of its key priorities. As a victim of rape, it

:03:20. > :03:24.is somewhere like this you would come to report the crime, but new

:03:25. > :03:29.figures obtained by the BBC show that a high proportion of such cases

:03:30. > :03:32.do not even make it beyond the stage of a police investigation. Your

:03:33. > :03:39.chances of your case being referred to the prosecution vary, depending

:03:40. > :03:44.on where you live. New figures obtained by the BBC show in the past

:03:45. > :03:50.four years, almost 1000 reported rapes have been dropped and marked

:03:51. > :03:53.no crime. The figures also reveal significant regional variations

:03:54. > :03:57.across Scotland. In Grampian in the past four years, a third of rapes

:03:58. > :04:03.reported to the police were marked no crime. More than a third of those

:04:04. > :04:08.recorded for unsolved. In the former Lothian and Borders area, 5% were

:04:09. > :04:14.marked as no crime and not passed to prosecutors. Here, and detected

:04:15. > :04:18.crimes in the last four years set up 41%. Officers take some cases are

:04:19. > :04:22.dropped because allegations are removed or because of insufficient

:04:23. > :04:27.evidence. Justice sources say there are concerns about why and how cases

:04:28. > :04:30.are not passed to prosecutors. Support agencies warn that despite

:04:31. > :04:36.good intentions, there is still -- there are still problems. It can be

:04:37. > :04:40.difficult to decide whether or not to report rape. No matter where a

:04:41. > :04:44.summary is in Scotland, they should be able to have confidence that it

:04:45. > :04:47.will be treated seriously, it will be treated with sensitivity and

:04:48. > :04:51.respect, and I think the police have made a lot of steps in those

:04:52. > :04:56.directions, but I think our concern for these figures is to see how many

:04:57. > :05:01.cases are not making it beyond the police stage. What that shows is a

:05:02. > :05:06.huge gap in justice for anyone who survives rape. Police Scotland

:05:07. > :05:25.declined to be interviewed but offered a written statement.

:05:26. > :05:31.While the police have made dramatic changes, the question remains, how

:05:32. > :05:34.is it that a woman living in Aberdeen would be less likely to

:05:35. > :05:37.have a rape case pursued or salt than a victim in Edinburgh?

:05:38. > :05:41.We asked the police to join us in the studio to respond to these

:05:42. > :05:44.Instead, Justice Spokesperson of the Scottish Conservatives,

:05:45. > :05:56.Thank you for coming in. Are you surprised by the figures? Very much,

:05:57. > :06:04.I would not inspect their to be less parity, certainly not variations on

:06:05. > :06:07.this scale. We should be asking the police wider are such variations but

:06:08. > :06:12.they did not want to come here. Can you think of any explanation as to

:06:13. > :06:16.why you're less likely to have a crime passed to the CBS if you are

:06:17. > :06:21.in Aberdeen than if you are in Edinburgh? Know, and I think it is

:06:22. > :06:25.very concerning that there seems to be -- that seems to be the case.

:06:26. > :06:29.There are clearly issues with access to justice so I would expect as a

:06:30. > :06:32.matter of urgency for Police Scotland to be looking at these

:06:33. > :06:37.figures and why there is such a discrepancy, and I would expect the

:06:38. > :06:41.Scottish... And the Cabinet secretary to make this a priority,

:06:42. > :06:48.to find out there is such a variation. -- I would expect the

:06:49. > :06:51.Scottish Government. People find it difficult in the first place to come

:06:52. > :06:56.forward and report these crimes. We know that only about 19% of people

:06:57. > :07:02.that do manage to report a crime, that is all there is, there are many

:07:03. > :07:05.more people who have been affected who are unwilling to come forward.

:07:06. > :07:10.I'm afraid these figures Wilmot encourage people. The Scottish

:07:11. > :07:16.Parliament was trying to tackle low conviction rates for rape, by

:07:17. > :07:21.changing the law. Are we concentrating on what happens in the

:07:22. > :07:24.courts too much? Do we need to be looking more at what is happening at

:07:25. > :07:30.the police stage? Absolutely. Something like 71% are not being

:07:31. > :07:34.followed up on after being reported, so clearly much more work

:07:35. > :07:38.needs to be done to establish why that is the case, when figures are

:07:39. > :07:44.so much lower in other parts of the country. We can be naive about this,

:07:45. > :07:50.there are reported that did not happen, people do make malicious

:07:51. > :07:57.allegations. So some percentage of their rapes reported are no crime.

:07:58. > :08:01.5%, does that seem about right? Have we any idea? I don't think you can

:08:02. > :08:06.quantify it, or you can say is to have such a variation regionally

:08:07. > :08:10.cannot be right. You would expect some kind of discrepancy, but not on

:08:11. > :08:14.this scale. So as a matter of urgency, it seems elementary, that

:08:15. > :08:20.is the first place you would start, look at the statistics, but neither

:08:21. > :08:25.the Scottish Government or Police Scotland, who have made it a great

:08:26. > :08:30.parodic, seem to have played the slightest attention. -- a great

:08:31. > :08:38.priority. I think the police committee could be looking at it a

:08:39. > :08:42.review into Police Scotland, there was supposed to be uniformity in

:08:43. > :08:43.having a single police force but we have these huge ditch --

:08:44. > :08:44.discrepancies. But does that include

:08:45. > :08:48.the right to choose when to die if you are terminally ill

:08:49. > :08:51.and want to end your own life? In the US state of Oregon,

:08:52. > :08:54.they have a "Die With Dignity" As our own Assisted Suicide Bill is

:08:55. > :08:58.poised to go before Holyrood's Health Committee,

:08:59. > :08:59.our political correspondent to examine how the law is working

:09:00. > :09:17.there. We all gathered with him in his

:09:18. > :09:20.bedroom. The only time during this were I ever saw a flicker of fear

:09:21. > :09:27.was just before he took the first sip, and it was not there for long.

:09:28. > :09:34.I said, I will see you in the morning. He said, OK. He drank the

:09:35. > :09:46.rest of it, and within five minutes, he was gone. Gloria's husband,

:09:47. > :09:53.photographer, took his life in 2003 out of Oregon's Die With Dignity

:09:54. > :10:00.law. He was ill with pancreatic cancer. For him after we learned

:10:01. > :10:10.more detail about the law, it opened up for him away to avoid the kind of

:10:11. > :10:18.death that he had seen before. And it just relieved him, it took away

:10:19. > :10:23.some of the anxiety. Do you have any regrets about that choice and your

:10:24. > :10:30.husband made Rose absolutely not. Absolutely not. This state was the

:10:31. > :10:38.first place on the planet to pass a law making it legal for a doctor to

:10:39. > :10:43.issue it restriction that would end someone's life. -- issue a

:10:44. > :10:48.prescription. Instrumental in this was this woman, who co-wrote the

:10:49. > :10:51.bill which became Oregon's Death With Dignity Act, allowing

:10:52. > :10:54.terminally ill adults expected to die within six months to give

:10:55. > :11:01.themselves a lethal dose of medication. Having the option of

:11:02. > :11:09.determining the manner of your death and making sure that it can be

:11:10. > :11:14.peaceful and without trauma to your family is very important. It is very

:11:15. > :11:23.important in improving the quality of their lives, to feel in control.

:11:24. > :11:31.You get to own your body. You get to determine the degree of your own

:11:32. > :11:37.suffering. Critics here fear that the right-to-die would lead to a

:11:38. > :11:42.surge of people ending their lives. Since the law past 16 years ago,

:11:43. > :11:47.figures show that the Oregon, the state with a population of more than

:11:48. > :11:55.3.8 million, 1173 prescriptions have been issued by doctors. Of those,

:11:56. > :12:02.only 752 were actually taken will stop last year, 71 people ended

:12:03. > :12:05.their lives in this way. But the official data does challenge the

:12:06. > :12:10.notion that Oregon's right-to-die law always leads to a quick,

:12:11. > :12:16.peaceful death. The figures show that death can occur anything from

:12:17. > :12:23.one minute to 104 hours after taking the medication. This retired family

:12:24. > :12:29.doctor wrote the first legal prescription to end someone's life.

:12:30. > :12:35.Something like 90% die within the first day and 1% have a fairly long

:12:36. > :12:39.time, and those people, each one of them is an individual case, we're

:12:40. > :12:48.talking about less than ten cases in Oregon. We have had, I think, one

:12:49. > :12:52.person who walked all the way completely back-up. The medicine is

:12:53. > :13:03.not quite as we picture it, not 100%. We use words like success, or

:13:04. > :13:09.however you want to call it, but compared to other treatments that

:13:10. > :13:15.perhaps a cancer patient has been used to, it is pretty dependable. In

:13:16. > :13:21.Oregon, there is a sense that people have generally come to accept the

:13:22. > :13:28.law. In certain cases, it is a very appropriate law. Myself, I wouldn't

:13:29. > :13:33.do it. It is their life, if they are to be the one to pull the plug, they

:13:34. > :13:38.should have control of it. This state Senator have come -- has come

:13:39. > :13:42.to back the law, even blocking an effort by the U.S. Senate to

:13:43. > :13:46.overturn it. I voted initially against the law, because I was

:13:47. > :13:52.concerned, especially about the prospect that it could be used as a

:13:53. > :13:59.tool against low income, but that has not been the case, and in fact,

:14:00. > :14:04.what I think is going to be what people remember most about the

:14:05. > :14:08.Oregon law is that it helped to generate awareness about all the

:14:09. > :14:16.options for dealing with life-threatening illness. Let's be

:14:17. > :14:22.clear, it is not that this only happens in Oregon. The difference is

:14:23. > :14:30.that in other states, it is covert, surreptitious. It has no standards

:14:31. > :14:38.of care. It has no 2nd opinions, it has no processes for safety, no

:14:39. > :14:43.guidelines and safeguards. It just happens. I don't see why the people

:14:44. > :14:51.of Scotland don't deserve the same respect, the same dignity, the same

:14:52. > :14:58.trust as the people of Oregon have about determining the manner and the

:14:59. > :15:06.time of their dying. I think it is a basic human right. Is what seems to

:15:07. > :15:14.be right for Oregon right for Scotland?

:15:15. > :15:20.That was Glen Campbell. With me is Patrick Harvie, who has taken over

:15:21. > :15:27.the Assisted Suicide Bill. And Gordon McDonald, the governor of not

:15:28. > :15:30.killing Scotland. Explain to us 1st what protections there are in the

:15:31. > :15:47.Scottish version of the Assisted Suicide Bill. The first stage of the

:15:48. > :15:53.process, if it is approved in its current form, it is for individuals

:15:54. > :15:57.to have a discussion with the doctor and have their general attitude to

:15:58. > :16:03.this issue put on their register, a preliminary declaration is the time

:16:04. > :16:06.that we are using. This might be something that we would do if we

:16:07. > :16:11.were fit and well and if we were not facing an immediate choice. It is

:16:12. > :16:16.something we could have on our records to make sure the doctor

:16:17. > :16:19.always knows what our general attitude is and whether we have

:16:20. > :16:24.agreed. Following that they would need to be two separate request is

:16:25. > :16:32.for assistance and at each of those three stages, there have to be

:16:33. > :16:36.medical professionals confirming that the person meets the criteria

:16:37. > :16:42.that will set out in the bill around terminal, life shortening conditions

:16:43. > :16:47.and other conditions that have to do with residency and age. Following

:16:48. > :16:50.that there would be a neutral facilitator, someone who has no

:16:51. > :16:59.family or financial interest and is not part of the radical carotene --

:17:00. > :17:03.medical care team. Their responsibility would be to collect

:17:04. > :17:07.the prescription and give care and support and listen to the person

:17:08. > :17:10.about what they need and want. It has been suggested the humanist

:17:11. > :17:18.society would provide that facilitation services? Service. That

:17:19. > :17:23.is about giving emotional support as well as ensuring the law is carried

:17:24. > :17:27.out and safeguards are met. Is that enough to make sure that

:17:28. > :17:30.someone is certain? I don't think so because apart from

:17:31. > :17:36.anything else, people might change their mind. I think there needs to

:17:37. > :17:40.be an awful lot more rigorous safeguards if Parliament is minded

:17:41. > :17:44.to pass this legislation. I think Patrick would agree that what

:17:45. > :17:52.divides us was probably the issue of principle, rather than safeguards.

:17:53. > :17:58.Looking at the example of Oregon, where people have taken it as a

:17:59. > :18:01.normal course of practice, does that worry you or reassure you that this

:18:02. > :18:08.can be a part of medical care? I think it certainly worried me what

:18:09. > :18:11.we hear from Oregon. There is a lot of issues about the Oregon system

:18:12. > :18:16.which we would have concerns about, not least the low-level of

:18:17. > :18:22.psychiatric or psychological assessment that takes place. The two

:18:23. > :18:28.cases in particular of people who were offered assistant to end their

:18:29. > :18:31.lives but not assistance in terms of treatment for cancer and other

:18:32. > :18:36.things. There are issues that come out of Oregon that concern us.

:18:37. > :18:40.Did you think it is evidence of success or failure?

:18:41. > :18:44.Obviously, it depends on your world view and people who fundamentally

:18:45. > :18:48.disagree with the principle would not call the Oregon experience a

:18:49. > :18:52.success. There is evidence that some of the concerns of those opposed to

:18:53. > :18:56.the legislation had not materialised. Concerns about

:18:57. > :19:02.particular groups being vulnerable or more likely to take this option,

:19:03. > :19:07.concerns about high numbers. It is pretty clear that Oregon has a good

:19:08. > :19:10.track record on palliative care. We can do both to a high standard.

:19:11. > :19:16.Thank you, both. To the Commonwealth Games now.

:19:17. > :19:18.It has been a record-breaking day for Team Scotland.

:19:19. > :19:20.At the traditional home of Scottish football, Hampden Park,

:19:21. > :19:22.has played host to a thrilling day of athletics.

:19:23. > :19:24.There for us this evening is Jonathan Sutherland.

:19:25. > :19:35.What has been going on today? Welcome to Hampden Park. Today

:19:36. > :19:42.Scotland were poised on 32 medals. One short of the Commonwealth Games

:19:43. > :19:52.record, set in 1986. Could they level it today? At 8pm this evening,

:19:53. > :19:58.Libby Clegg went in the para- 100 metres sprint final.

:19:59. > :20:06.That was a really good reaction from Libby Clegg. She is going to win

:20:07. > :20:14.this one x ten metres and more. And the time, 12 point 20.

:20:15. > :20:24.A fairly straightforward win for Libby Clegg, and that drew Scotland

:20:25. > :20:29.level on 33 medals. I am joined by Christian Malcolm. You excelled in

:20:30. > :20:34.the sprint. What did you make of Libby Clegg this evening?

:20:35. > :20:38.I thought it was some drastic. I spoke to her guide earlier in the

:20:39. > :20:41.year and he said they were training for this moment, to come and perform

:20:42. > :20:46.and win gold. It was quite straightforward for her

:20:47. > :20:51.in the end. You can always think it is straightforward but between her

:20:52. > :20:54.and her guide, it has to be a smooth transition and they have to work

:20:55. > :20:57.well together so mistakes can be made.

:20:58. > :21:03.What have you made of the atmosphere inside Hampden Park here today

:21:04. > :21:07.because even doing the heats it was packed out.

:21:08. > :21:13.As an athlete you want to walk into a stadium that is packed. For it to

:21:14. > :21:17.be stacked to the rafters from day one, it is brilliant. The atmosphere

:21:18. > :21:22.this evening may be jealous and made me want to compete against.

:21:23. > :21:28.They have done a fantastic job. Stay there for a bit. I just want to talk

:21:29. > :21:34.about a few other Scottish medals today. In the swimming pool this

:21:35. > :21:37.evening. It has been a great place for Team Scotland so far in the

:21:38. > :21:44.Commonwealth Games. Could we break that 33 medal tally? Not quite. Mark

:21:45. > :21:48.Tully came very close in the polls this evening. This was in the 50

:21:49. > :21:54.metres breaststroke. There were three Scots in the running but Mark

:21:55. > :22:00.Kelly finished fourth. Just outside the medals, by 100th of a second. So

:22:01. > :22:05.close. Ross Murdoch was there as well. No medals in the pool this

:22:06. > :22:13.evening. Earlier in the day, Scotland broke another record. The

:22:14. > :22:19.previous record of gold medals was at Melbourne, when Scotland got 11.

:22:20. > :22:23.We were sitting on 11 today and could we get another one? Libby

:22:24. > :22:29.Clegg broke the record this evening but this afternoon in the lawn

:22:30. > :22:33.bowls, it was Alex Marshall and Paul Foster in the pairs that got the

:22:34. > :22:42.12th gold medals for Team Scotland. They beat Malaysia 20-3. Those gold

:22:43. > :22:48.medals were so sweet and Scotland have had another great day. It has

:22:49. > :22:54.been a fantastic day for Scotland once again and here is the medal

:22:55. > :22:58.table. We are on 33 medals and we are looking good at the moment.

:22:59. > :23:02.Surely Scotland will break through that total of medals.

:23:03. > :23:08.Christian Malcolm, what have you made of this competition so far as a

:23:09. > :23:13.former Welsh sprinter. I think it is fantastic, the

:23:14. > :23:17.atmosphere is fantastic and everyone has embraced it. As athletes we want

:23:18. > :23:21.to come here and embrace the Commonwealth. It has been great for

:23:22. > :23:25.a lot of youngsters to step up to the mark.

:23:26. > :23:30.Thank you. Let's hope for more medals for Team Scotland tomorrow. I

:23:31. > :23:32.am sure we will break that tally of 33.

:23:33. > :23:37.Thanks, Jonathan. So now let's have a look at the

:23:38. > :23:39.other stories in the news today. Joining me now are Carol Fox

:23:40. > :23:40.from Women For Independence and prospective

:23:41. > :23:42.Labour Party Scottish Parliamentary candidate, Catriona Headley.

:23:43. > :23:48.Before we move onto some of the other things, what have been your

:23:49. > :23:55.favourite moments far? Impact yesterday was wonderful. --

:23:56. > :24:00.Erraid Davies yesterday was brilliant. She will be a fantastic

:24:01. > :24:05.inspiration for kids to get involved in sport. At 13 she has got a

:24:06. > :24:10.fantastic career ahead of her. I think the rendition of the singing

:24:11. > :24:17.at the opening quality, underlining the principle of equality. As well

:24:18. > :24:21.as the little Scottie dogs. Talking of sport, there has been a

:24:22. > :24:24.suggestion that Nick Clegg has been saying we should talk about

:24:25. > :24:29.boycotting the World Cup in Russia in four years time. Here we are in

:24:30. > :24:34.the middle of our summer of sport and we are looking ahead to another

:24:35. > :24:39.one. Is what Vladimir Putin has been up to enough to justify a boycott of

:24:40. > :24:45.the World Cup? It is probably too early to say that making suggestions

:24:46. > :24:50.at this stage can perhaps hamper the investigation that is going on in

:24:51. > :24:56.eastern Ukraine, which has to have full and unfettered access. There

:24:57. > :25:02.needs to be discussions about the ramifications for Russia and only

:25:03. > :25:06.one of them has to be the World Cup. That is the point we have to do it.

:25:07. > :25:11.Having contingency points as Douglas Alexander suggested, may not be a

:25:12. > :25:16.bad idea. There is a self-denying audience on

:25:17. > :25:21.the -- self-denying ordinance on the SNP.

:25:22. > :25:27.I think politics affect everything in life, including sport. I am not

:25:28. > :25:33.sure a boycott is a gesture we need to take. Once we have the evidence

:25:34. > :25:39.we have to look at what effective action needs to be taken against

:25:40. > :25:45.Russia or blood Putin. -- Vladimir Putin. There has been a

:25:46. > :25:50.campaign to make sure that as many people as possible are registered to

:25:51. > :25:52.vote in the referendum. They reckon a third of people are not

:25:53. > :25:56.registered. I thought both campaigns have been making sure we are signed

:25:57. > :26:03.up. Women For Independence have been up

:26:04. > :26:10.and about. We have a mass wedding day on the 9th of August and a mass

:26:11. > :26:13.canvas. The deadline is the 2nd of September. It is important

:26:14. > :26:17.particularly for women to be signed up and you need to take steps to

:26:18. > :26:25.sign up. We shouldn't need to panic anyone. The headline might have been

:26:26. > :26:28.helpful to let people know they have to take action and hopefully we will

:26:29. > :26:33.have the highest ever turn up on a Scottish election because we are not

:26:34. > :26:37.voting for political parties, this is about power, control and the

:26:38. > :26:39.future of our democracy. I think we agree we have the highest ever turn

:26:40. > :26:43.out. Some of the recent figures are

:26:44. > :26:51.depressing. The 2011 Holyrood election, 50%. The 97 devolution

:26:52. > :26:57.referendum was about 60%. What will we see in September? I

:26:58. > :27:00.think we will push over 80% and that will be great. Political engagement

:27:01. > :27:05.in this country is an important thing and we have been talking about

:27:06. > :27:10.legacy. In terms of the referendum, whatever it might be, should be

:27:11. > :27:15.about engagement in politics. We have been able to take off a lot of

:27:16. > :27:20.goodwill to make sure that engagement is not then lost.

:27:21. > :27:25.Everyone needs to do a lot. People have been talking about how

:27:26. > :27:30.it has been quite a bitter campaign and politicians calling each other

:27:31. > :27:33.names. Do you think people will be turned on to politics?

:27:34. > :27:37.That has not been my experience. Some evidence has been overblown. It

:27:38. > :27:44.has been very enjoyable getting out there and engaging people and the

:27:45. > :27:49.Yes campaign, people have been involved.

:27:50. > :27:52.Thanks, both. That is all from us tonight. We will be back tomorrow at

:27:53. > :28:03.the same time. Good night. MUSIC: "Symphony No.6"

:28:04. > :28:10.by Beethoven performed by Zurich's

:28:11. > :28:16.Tonhalle Orchestra.