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Rape Crisis Scotland releases report on privacy rights for complainers of sexual offences in Scotland
Reporting sexual crime and going through the resulting
criminal justice processes can be a daunting process.
Of particular
concern to survivors of sexual crime is the prospect of their sexual history or
personal aspects of their lives being brought up in court. There have
been some key decisions by the courts in recent years which have highlighted
the rights of complainers to privacy and raised important questions about how
we assist complainers to assert these rights.
This report brings together key considerations and recommendations from a roundtable held in November 2020 which brought together agencies and academics to consider the question of whether complainers should have greater rights to legal representation when their privacy rights are at stake. The report recommends that consideration be given to introducing independent legal representation for complainers where applications are made to introduce their sexual history or character.
Holyrood 2021 Asks
Today we are launching our Holyrood 2021 Asks:
a range of important measures to bring real
and lasting improvements for
survivors of sexual violence in Scotland.
We urge all politicians to commit to taking these forward so that the kind of
change that is so badly needed can become a reality.
Specialist court recommended for sexual offences
A cross-justice Review Group, chaired by the Lord Justice Clerk, Lady Dorrian, has recommended that a new, national specialist Court with trauma-informed procedures be created to deal with serious sexual offence cases in Scotland.
Sandy Brindley, Chief Executive said: "The conviction rate for rape and attempted rape in Scotland is lower than for any other crime type. This has remained stubbornly the case, despite all previous efforts to address it.
All too often survivors tell us that the process of seeking justice – and in particular their experience in court – is as least as traumatic as the attack(s) itself. It is clear that significant action is needed.
Lady Dorrian’s report is important and necessary. Her recommendations are bold, evidence based, and have the potential to transform Scotland’s response to sexual crime. This is a unique opportunity for Scotland to lead the way internationally in improving access to justice for people who have experienced sexual crime.
Rape Crisis Scotland volunteer information events
Rape Crisis Scotland is looking for women to volunteer on the national helpline supporting survivors of sexual
violence.
We are committed to a diverse and inclusive workplace and especially welcome applications from women of colour and women who experience additional barriers to participation.
We will shortly be recruiting helpline volunteers to provide short-term & crisis support to survivors by phone and in writing. Our training will take place online and will run over a combination of weekday evenings and at the weekend.
If you are available to volunteer in the evening, and would like to benefit from the supportive atmosphere, excellent training and personal & professional development that Rape Crisis Scotland offers, come and find out more at one of our information events.
Letter To The Presiding Officer + Linda Fabiani MSP
Ken Macintosh MSP
Presiding Officer of the Scottish Parliament
and
Linda Fabiani MSP
Convenor Committee on the Scottish Government Handling of Harassment Complaints
18/02/2021
I note the decision today by the Scottish Parliament Corporate Body that it is possible to publish Alex Salmond’s submission to the Inquiry.
I write to seek urgent reassurances that Parliament intends to uphold the contempt of court order which is in place to protect the anonymity of complainers from the criminal trial.
We are extremely concerned that this decision is being taken without the legal basis to do so. Lady Dorrian’s slight variation of the order following the Spectator challenge made no difference to the meaning of the order, as I am sure your own legal advice has confirmed.
I cannot stress how important it is that the Parliament fulfils its obligations in respect of not identifying – either directly or in combination with other documents in the public domain – complainers from the criminal trial.
The treatment of the complainers from the trial has been intolerable, particularly online. They have been hounded, identified online and had threats made against them. I am clear that if the Parliament publishes anything which could lead to the identification of any of the complainers you will be directly responsible for putting their safety at risk.
There has been a widespread misinterpretation of the verdict of the criminal trial as meaning that the women made up their allegations. This is inaccurate and dangerous. In reality what the not guilty and not proven verdicts meant – as is the case in all criminal trials – is that the jury did not consider that the Crown had proven the case beyond reasonable doubt.
This is serious and important in itself, but you should also be aware that many women are watching how the Parliament is handling this case, including women who work for the Parliament, and getting a clear message about how they might be treated should they ever consider making a report of sexual harassment, particularly if this report is against someone in a position of power or influence.
The inquiry should have been an opportunity to hold the Scottish Government to account and consider how to improve responses to sexual harassment complaints. There is a grave danger that instead the actions of this Parliament and its politicians are not only endangering women who have already been let down multiple times but making it much harder for women to ever feel able to report sexual harassment in the future.
Yours sincerely,
Sandy Brindley
Chief Executive
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