What Happens After a Sexual Assault Allegation in Scotland?

Being told that you are suspected of sexual assault is frightening, and many people do not know what happens next. This guide explains the main stages of a sexual assault case in Scotland, from the first contact with the police to trial, and why early legal advice matters at every step.

1. The Police Investigation

An investigation usually begins when an allegation is reported to Police Scotland. Officers may take statements, gather messages and phone data, obtain CCTV and medical or forensic evidence, and speak to other witnesses before they contact you. You may first hear about the allegation when you are asked to attend a police station, or when you are arrested.

2. The Police Interview

If the police want to interview you about an offence they suspect you of committing, you have the right to have a solicitor present during the interview. That applies whether you have been arrested or are attending voluntarily. If you are in police custody, you also have the right to a private consultation with a solicitor.

Anything you say in interview can be used in evidence. Taking advice before answering questions is one of the most important things you can do. Our police station solicitors can advise you and attend the interview with you.

3. Charge and Report to the Procurator Fiscal

After the investigation, the police may charge you and send a report to the Procurator Fiscal. The decision about whether to prosecute, and how, is made by the Crown Office and Procurator Fiscal Service, not by the police. The Fiscal can decide to take no proceedings, or to prosecute under summary or solemn procedure, depending on the seriousness of the allegation.

4. Summary or Solemn Procedure

Summary procedure is used for less serious cases. They are heard in the Sheriff Court by a sheriff sitting alone, without a jury.

Solemn procedure is used for more serious cases. They are tried before a judge and a jury of 15, in the Sheriff Court or the High Court. A solemn case usually begins with an appearance on petition, where the court decides whether you are released on bail. The Crown then serves an indictment setting out the charges.

The maximum sentence for sexual assault depends on the procedure. It is up to 12 months' imprisonment on summary conviction, and up to life imprisonment on conviction on indictment.

5. Time Limits in Solemn Cases

Strict time limits apply once you have appeared on petition. In general, the trial must begin within 12 months of that first appearance. A preliminary hearing (in the High Court) or a first diet (in the Sheriff Court) must begin within 11 months. The court can extend these periods on cause shown.

6. Preparing the Defence

This is where the outcome of many cases is decided. The Crown must disclose its evidence, and your defence team will examine every part of it: witness statements, the timeline, digital evidence, and medical and forensic findings. They will also trace defence witnesses and instruct independent experts where needed. Evidence about the complainer's sexual history or character is restricted unless the court grants a section 275 application.

7. Trial

At trial, the Crown must prove the charge beyond reasonable doubt, and corroboration is still required. Since 1 January 2026, juries can only return a verdict of guilty or not guilty, and a guilty verdict needs the support of at least 10 jurors on a jury of 14 or 15. A person accused of sexual assault is not allowed to conduct their own defence in the Sheriff Court or the High Court, so they must be represented by a lawyer.

If a Conviction Follows

A conviction for sexual assault brings notification requirements, commonly called being placed on the sex offenders register. How long they last depends on the sentence.

Get Advice Early

The earlier a solicitor is involved, the more can be done, whether that is advising before a police interview, making representations to the Procurator Fiscal, or preparing for trial. For more detail, see our pages on sexual assault defence solicitors and rape defence solicitors, or call us in confidence on 0141 890 5555.