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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11753
Experience:  30 years as a practising solicitor.
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hypothetically, in Scotland, can the court press charges on

Customer Question

hypothetically, in Scotland, can the court press charges on an attempted rape, if reported by a third party (not a witness)? if the victim is not wanting to press charges.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Note that the court does not press charges. The Crown does through the procurator fiscal service.

In the type of case you describe charges could be brought if there was sufficient evidence but in practice would not, in the absence of evidence from the victim.

So the answer to your question is theory yes but in practice no.

I hope this helps. Please leave a positive response so that I am credited for my time.
Expert:  JGM replied 3 years ago.
Please let me know if I can help you further here. If not please leave a positive feedback so that I am credited for my time.