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Cost should not be a barrier to justice
Justice should not have a price tag.
Survivors who have had damaging experiences in court have the right to complain about how they have been treated during their case. But as Ellie Wilson’s case shows, survivors can be left with a massive bill, simply for seeking justice.
Statement on Inspection of COPFS practice in relation to sections 274 and 275 of the Criminal Procedure (Scotland) Act 1995
This is a welcome, important and timely review. For survivors, the prospect of their sexual history or private life being brought up in court often forms part of the fear about reporting rape. When it happens, it can add significantly to the distress and violation experienced by rape complainers in court.
There are significant gaps in the available data around what is happening with this type of evidence, with the last published research based on cases from 2004-05.
Today’s review shows a significant decline in the number of applications being made which relate to a complainer’s sexual history other than with the accused, dropping from 20% in previous research to 3% today. This suggests that significant progress has been made in excluding irrelevant and prejudicial information about complainers’ sexual history from rape trials.
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