Scotland's most senior law officer has moved to reassure victims of sexual abuse that they will be protected after a supreme court ruling warned that Scottish laws designed to limit intrusive cross-examination could be breaching men's right to a fair trial.
In a strongly worded statement, the lord advocate, Dorothy Bain KC, said: “I would like to make clear that I understand sexual abuse inflicted upon women and children to be the single greatest challenge our justice system faces. It is unacceptable and victims should feel able to speak out without further fear.” She underlined: “The supreme court ruling does not alter the statutory protections for those giving evidence.”
Last Wednesday, the supreme court delivered its judgment in the case of two men appealing against rape convictions. Although both appeals were dismissed, the five judges ruled that Scotland’s courts needed to change their approach to the admission of evidence, warning its current process “is liable to result in violations of defendants’ rights to a fair trial under article 6 of the convention”. The judgment centred on Scotland’s “rape shield” laws, brought in to protect complainers from humiliating questions about their sexual history.
Lawyers have voiced concerns that sections 274 and 275 of the Criminal Procedure (Scotland) Act 1995 have resulted in a narrowing of admissible evidence, creating absurdities in the courtroom. However, Bain drew focus back to victims, reassuring them: “These safeguards remain firmly in place to protect the dignity, privacy and wellbeing of victims … The supreme court emphasised that any intrusion into a complainer’s privacy must be no more than is necessary to ensure that the accused receives a fair trial.”
Katrina Parkes, legal director of Scotland’s crown office, insisted the ruling did not automatically render existing convictions unsafe. “Any appeals would be considered on a case-by-case basis through established review processes.” Sandy Brindley, chief executive of Rape Crisis Scotland, said the judgment could prove a “real step backwards”, adding: “The possibility of having your sexual history dragged up in court really could put women off reporting.”
