Diverting serious sexual offenders to therapy and community service instead of prosecution could be halted after the Lord Advocate questioned whether the method is “being used appropriately”.

A review has been ordered after the Sunday Mail reported a teenage girl whose alleged rapist avoided a criminal trial.

The 14-year-old, Kaitlyn Ward, who is now 17, told the paper that her alleged attacker being offered diversion from prosecution left her “feeling like there isn’t a justice system at all” and was “a complete kick in the teeth”.

Now Ms Bain has called for a review of the policy in recognition of the impact it can have on victims of crime.

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But concerns have been raised that the authorities have been “effectively shamed” into reviewing the process by victims speaking out.

As the head of the prosecution service and member of the Scottish Government, the Lord Advocate has expressed her deep concern for those impacted by sexual crimes and her determination to improve their experience of the criminal justice system.

Diversion from prosecution is one of a range of community justice interventions prosecutors will consider.

Its application is guided by the Scottish Prosecution Code and its use for offenders under the age of 18 is in keeping with obligations to children in terms of the UN Convention on the Rights of the Child (UNCRC).

In diversion, an offender is referred by the Crown Office to local authority social work services or a partner agency for support, treatment, or other action to address the underlying causes of the alleged offending and prevent further criminality.

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Ms Bain said: “Sexual offences are among the most difficult cases prosecutors deal with. I am acutely aware of the trauma experienced by victims and their loved ones. As public prosecutors, we are trusted to make appropriate decisions and must uphold the trust placed in us.

“Diversion can be an appropriate intervention to prevent perpetrators re-offending which, in turn, builds towards a safer society for all. Addressing needs which have contributed to offending behaviour is in the interest of the wider community. Such intervention can be particularly effective in cases of children’s offending, changing the direction of young lives for the better."

She added: “I have instructed this review as there is a responsibility on COPFS and criminal justice partners to ensure that diversion is being used appropriately. The review is timely in ensuring we are continuing to consider the rights of children under UNCRC guidance.

“The review will engage with victims and listen closely to their views. It will also involve our partners across the criminal justice system. Justice for victims will always remain the focus of what we do.”

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The Crown Office said it will publish revised guidance on diversion for sexual offences in the prosecution code in due course.

Scottish Conservative shadow justice secretary Russell Findlay, said: “These brave victims should be commended for speaking out but they should not have needed to do so. They’ve effectively shamed the authorities into ordering this review.

“Diversions from prosecution were supposed to deal with low-level crimes but have resulted in dangerous criminals – many of them repeat offenders – being let off the hook.

“The SNP is so pathetically weak on crime that some victims even wonder why they bothered reporting what happened to them in the first place. That is damning.

“If this review is to have any chance of succeeding then victims must be at the heart of any discussions and proposed changes.”