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.
Response to Updated Paper from the Scottish Centre for Crime and Justice Research
“We welcome this updated paper on court delays and the impact of these on victim-survivors of sexual crimes from the Scottish Centre for Crime and Justice Research. It adds growing weight to the calls for real, urgent action.
Before Covid we know that court delays were experienced as being very unpredictable, difficult, and traumatic by survivors being supported by Rape Crisis. Lengthy waits and last-minute changes meant that survivors often felt as though their lives were put on hold, and as though they were trapped in the trauma and unable to move forward. Now – with the court backlog estimated to take until 2026 to clear – the situation is untenable.
These are not problems that are without solutions. There are credible and robust options – including the use of judge led trials – that must be considered if we are to ensure that survivor and public confidence in the justice systems does not diminish even further. These options require courage and leadership and for us all to accept that doing nothing is not an option.” - Sandy Brindley, Rape Crisis Scotland
New survey highlights alarming attitudes to rape
A major new study by the End Violence Against Women Coalition has found
that an alarming number of adults across the UK are unclear about what rape is.
The survey, of 4,000 people, found that:
•A third (33%) of people in Britain think it isn’t usually rape if a woman is pressured into having sex but there is no physical violence •A third of men think if a woman has flirted on a date it generally wouldn’t count as rape, even if she hasn’t explicitly consented to sex (compared with 21% of women) •A third of men also believe a woman can’t change her mind after sex has started •Almost a quarter (24%) think that sex without consent in long-term relationships is usually not rape
RSSLatest 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
