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.

Rape Crisis Scotland: Survivors speak out on Policing in Scotland

Rape Crisis Scotland have today (3^rd November) released a powerful report by survivors of rape, sexual violence, and abuse on Police Responses in Scotland. The Survivor Reference Group (SRG) report details experiences of Police responses to reports of sexual crimes and makes critical recommendations that – if implemented - could transform survivors’ experiences of reporting sexual violence.

Many survivors of sexual crimes do not report what has happened to them for a variety of reasons. For those that do, Police responses are understood as being a significant factor not just in survivors experience of the justice process – regardless of whether the case reaches court and the verdict – but in their ability to come to terms with what has happened and seek further support.

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.