News
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.
A letter to the Crown Office and Procurator Fiscal Service
We write to express our significant concern with respect to your letter
dated 8th of March outlining the shift in approach of the Crown Office
in dealing with reluctant complainers in rape cases, effective from
today, and ask that you urgently reconsider this change to policy.
We share the knowledge that rape is an awful crime that can leave a
lasting and profound impact on those who experience this violence. It is
no secret that the concept of justice is one that is frequently far
removed from the reality of survivors of sexual violence in Scotland
today. I know you are also aware of the many barriers that stand in the
way for those who pursue justice and even though considerable work has
been done to address and remove these obstacles there remains a stubborn
gap between those who experience sexual violence and their ability to
access justice and we are clear that there is much more to do.
Latest posts
- Our statement on new figures on conviction rates for rape in Scotland
- Our response to the Stage One Report on the Victims, Witnesses and Justice Reform Bill
- New guidance for tackling gender-based violence in schools launched
- Funding extended for essential Rape Crisis services
- Our statement on the conclusion of the Emma Caldwell trial