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Lynn Jamieson, Edinburgh University
"The crime of rape involves an incredible sort of humiliation"
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Justice Minister Jim Wallace
"We have studied all the legal implications"
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David Nisbet reports
"The new plans are to prevent the accused cross-examining the victim"
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Thursday, 28 June, 2001, 18:51 GMT 19:51 UK
Rape law plans unveiled
High Court inside
The executive is proposing a change in the law
A bill protecting rape victims from being cross-examined by their alleged attackers has been unveiled by the Scottish Parliament.

The proposed changes state that the accused in sexual offence cases should be legally represented throughout a trial, making it impossible for an alleged attacker to conduct a cross-examination.

And the restrictions covering the extent to which the alleged victim's sexual history and character can be used as evidence are to be strengthened.

The measures have been introduced by the Scottish Executive in The Sexual Offences (Procedures and Evidence) (Scotland) Bill.


At the moment the acquittal rate in rape is very high, seven out of 10 men walk away

Dr Lynn Jamieson
The issue came to a head a year ago at the High Court in Perth when John Anderson was allowed to question a 13-year-old girl and her mother, whom he was accused of raping. He was later acquitted.

At the time ministers said they were determined to act to stop the practice, dubbing it "unreasonable, unnecessary and offensive".

However, there were concerns that such a move might infringe European law which guarantees anyone accused of a crime the right to defend themselves.

John Scott, chairman of the Scottish Human Rights Centre, said the measures should not encounter any problems with the European Convention of Human Rights.

John Scott
John Scott: "Redress the balance"
He said that the bill should protect the human rights of those who bring rape allegations and "redress the balance".

But defence lawyer George More said the new laws were "not necessary".

He said: "I think that the way that the system works at present is adequate.

"Judges are there to ensure fairness. That way witnesses are not bullied and not upset by a question which is unfair."

Dr Lynn Jamieson, a sociologist from Edinburgh University who has conducted research on sexual offence trials, welcomed the bill, saying it removed "an obvious wrong" while protecting the rights of the accused.

Sexual character

She particularly welcomed the moves to tighten up the procedures that have to be gone through if a defence advocate wants to introduce something about a woman's past sexual history or her sexual character.

Under the change the accused will still be able to apply to bring in such evidence but in deciding whether to admit it, the court will need to ensure that the victim's dignity and privacy are protected.

She added: "At the moment the acquittal rate in rape is very high, seven out of 10 men walk away.

"I doubt if prohibiting a man from defending himself will make any difference to that."

The Bill contains a series of procedural provisions:

  • At various stages between arrest and trial, an accused person will be told he must be represented by a lawyer.

  • He will also be warned that if he fails to choose one, a lawyer will be appointed for him by the court.

  • The accused will not be able to take pre-trial statements, and will have to instruct a lawyer to do that.

  • There will have to be advanced warning if a defence of consent is to be used.

  • The extent to which evidence can be led about a victim's sexual history and character will be strengthened.

    Women Against Rape, one of the UK's longest-established victims' support and campaign groups, dismissed the bill as "soundbite remedies", which ignored the real problems faced by rape victims in court.

    Spokeswoman Ruth Hall said: "It can be just as bad, if not worse, for a victim to be scrutinised by a barrister or a solicitor in court.

    "After all, these are professionals who are trained in the practice of humiliating women in front of juries and making them look bad.

    "The number of alleged attackers who choose to cross-examine their victims in court is so small that the whole issue is really just a distraction.

    "It is not who asks the questions, but what the questions are. We actually oppose the ban as one of those soundbite remedies, which doesn't address the real problems."

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    See also:

    25 Apr 01 | Scotland
    Rape law clarification sought
    23 Mar 01 | Scotland
    Judge dismisses rape charge
    09 Nov 00 | Scotland
    Rape trial changes proposed
    26 Sep 00 | Scotland
    Minister to hear rape plea
    26 Jun 00 | Scotland
    Rape trial action plan unveiled
    09 Jun 00 | Scotland
    New calls for rape law re-think
    07 Jun 00 | Scotland
    Plea for rape evidence rethink
    Links to more Scotland stories are at the foot of the page.


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