Scotland is not an "international backwater" in terms of prosecuting rape, the Lord Advocate told MSPs yesterday.

Elish Angiolini told the parliament's justice committee that much-quoted figures about rape prosecutions in Scotland were misleading because our definition under common law was different.

The Lord Advocate told MSPs that when the conviction rate for sexual assaults in general was compared internationally, the rate in Scotland was "as good as anywhere else", but the key issue was the definition of rape, which historically had been defined in narrow terms in Scotland.

The Lord Advocate told the Holyrood justice committee that elements of the common law on rape and sexual assault had to be retained to maintain flexibility, but it was vital that the Sexual Offences (Scotland) Bill brought the law into the 21st century.

She said the age at which children are held criminally responsible was too low and needed reviewed. She said eight-year-olds, who can currently be prosecuted, should not normally face courts.

She raised her concerns with MSPs considering the bill, which is intended to replace common law and tidy up legislation.

"I do consider that the age of competence of eight is extremely low in Scotland," she said. "It's a much wider issue and one I think again needs considerable consideration by parliament at large rather than in the context of one particular bill.

"The reality is my policies are quite clear - I do not prosecute children where it can be avoided."

Her comments came in the final evidence-gathering session on the bill by the committee. Justice Secretary Kenny MacAskill was also quizzed by the committee.

Ms Angiolini broadly welcomed the overall legislation as a way to help juries understand complicated cases, and she approved of moves to redefine sexual consent as "free agreement".

Asked about changes to how the law could affect under-16s, she said: "The decision currently is that I do prosecute children for non-consensual offences against other children in circumstances where the public interest would merit that."