Scottish legal advice - trigger warning child sexual assault

[Twobabiesandamadcat]

I'm looking for a bit of advice or information from people more informed than me. Trying to stay vague as I don't want this to be too identifying.

My DD has recently disclosed that she was sexually assaulted (her account sounds like rape to be honest) by a boy at a childcare service. The boy in question is almost 13 and the assault has happened over the past two years. There are also other girls who have made disclosures. This has all been reported to the police and witness statements from me and DD have been taken. The police are saying that it is going to be referred to the courts but seems to be hinting that he may not be prosecuted because of his age? Even though, as I understand it, the age of responsibility in Scotland is 12.

I understand that there are underlying factors here and that it is very concerning that he has being doing this and that it can indicate that he has also been abused. However, my main concern is my DD. I can't believe that she won't get any form of justice regarding this?

Can someone with any knowledge of the system give me some idea as to what the next steps may be?

I don't know what the system is in Scotland, in England and Wales the CPS make charging decisions and I think you can appeal them. Would it be worth seeing a solicitor for advice?

Thank you. I'll look into it. I'm not sure I can get a solicitor as my DD is the victim, not the perpetrator

It sounds like the police are taking it seriously. If that is the case then they will compile a report and submit it to the Procurator Fiscal. Because the individual is under the age of 17 the Procurator Fiscal will then discuss the case with the Children's Reporter. Following that they will decide whether to refer the case to a children's hearing or to a criminal court. You can find more information on the process on the mygov.scot website.

Assuming the process is being followed there isn't much you can do other than request to be kept up to date on progress. The police should have given you a Care Card which has contact details for the assigned officer who should keep you updated during the investigation stage. If they haven't, contact them and request this.

If the case goes to court then you can contact the Victim Information and Advice Service. This is part of the Procurator Fiscal's office and will keep you advised as the case progresses through the court process.

There is also an independent organisation called Victim Support Scotland which can provide advice and support throughout the process.

Thank you. The police are taking it very seriously and have been very kind and have answered all our questions to the best of their ability. It's just the unknown that is really hard and a bit of not knowing what we don't know so not knowing what questions to ask.