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Justice Committee fails to stand up for survivors of sexual violence

Rape Crisis Scotland is extremely disappointed that the Justice Committee has been unable to back the removal of the requirement for corroboration.

National Coordinator Sandie Barton said:

"Too many survivors of sexual crime have been denied access to justice because of the requirement for corroboration.  Over the years many survivors have told us how devastating it is when they are informed their case can't be taken to court because of this requirement. We fully support the Government's commitment to improving access to justice and are dismayed that the planned removal of the corroboration requirement has not been backed by the Justice Committee."

The requirement for corroboration has a disproportionate impact on sexual offences because crimes like rape most often happen in private, with no witnesses.  Most rape cases never make it to court - Crown Office statistics show that only 25% of rapes reported to the police result in a prosecution.  This can have a devastating impact on rape survivors.  It also raises the very real possibility of guilty men walking free. Scotland is one of the very few legal jurisdictions to retain the requirement for corroboration.

The burden of proof for rape in Scotland is extremely high – currently, not only do the Crown have to prove and corroborate that sexual intercourse took place and the complainer did not consent to it, they also have to prove and corroborate that the accused knew the complainer wasn’t consenting.  As most rapes take place in private, with no witnesses and frequently little if any physical injury, our requirement for corroboration means that our justice system is ill equipped to respond effectively to the reality of rape, where most rapes are carried out not by a stranger but by someone known.

Sandie added:

"It is encouraging that the Justice Committee has recognised the need to improve legal responses to rape.  We believe that the issue of access to legal advice and support for rape complainers is one which requires urgent attention. However, until the justice system is able to respond to more than the small minority of reported rapes which currently make it to court, rape survivors will continue to feel let down by the Scottish justice system.

The Justice Committee has failed to stand up for survivors of sexual violence.”

For further comment, please contact Sandie Barton or Sandy Brindley on 0141 331 4180 / 07764167501