BBC NEWSAmericasAfricaEuropeMiddle EastSouth AsiaAsia PacificArabicSpanishRussianChineseWelsh
BBCiCATEGORIES  TV  RADIO  COMMUNICATE  WHERE I LIVE  INDEX   SEARCH 

BBC NEWS
 You are in: UK: Scotland
News image
Front Page 
World 
UK 
England 
Northern Ireland 
Scotland 
Wales 
UK Politics 
Business 
Sci/Tech 
Health 
Education 
Entertainment 
Talking Point 
In Depth 
AudioVideo 
News image


Commonwealth Games 2002

BBC Sport

BBC Weather

SERVICES 
Wednesday, 26 September, 2001, 15:35 GMT 16:35 UK
Opposition to rape law plan
High Court inside
The Law Society gave evidence to a Holyrood committee
Calls for a complete ban on the introduction of sexual history or character evidence in rape trials have been rejected by the Law Society of Scotland.

The body, which represents Scotland's legal profession, also questioned the effectiveness of changes to existing rape law proposed by the Scottish Executive.

Law Society officials have been giving evidence to Holyrood's Justice 2 Committee on The Sexual Offences (Procedures and Evidence) (Scotland) Bill.

The bill is intended to restrict the extent to which evidence about the sexual history and character of alleged rape victims can be introduced as evidence.

John Anderson
John Anderson's case raised concerns

The executive's proposals meant an accused will still be able to apply to introduce such evidence.

However, the court will need to ensure the alleged victim's dignity and privacy are protected in deciding whether to admit the evidence.

But Alistair Duff, the convener of the Law Society's Criminal Law Committee, argued that a change in the law was not required.

On Wednesday he said: "In some situations, previous sexual history is relevant.

"To suggest there is never a scenario where sexual history of a victim is not relevant in my opinion is not correct.

"The law as presently framed is adequately equipped to deal with the issue as long as the law is applied properly."

The society's deputy director, Anne Keenan, said the introduction of such evidence may be relevant where the accused in a rape trial honestly believed he had the consent of the alleged victim.

'Never relevant'

But the Scottish Rape Crisis Network called for a complete ban on the introduction of sexual history or character evidence, unless it had forensic significance.

Sandy Brindley, on behalf of the network, said: "We believe that sexual history or sexual character evidence is never relevant in a rape trial unless it has forensic significance.

"Our experience is that this type of evidence is led primarily to exploit potential prejudices within the courtroom around women's sexuality, and how women should behave."

However, Ms Brindley acknowledged a complete ban could raise potential legal difficulties.

Cross-examination

Pressure for a change in the law intensified following the case of John Anderson at the High Court in Perth over a year ago, after which he walked free.

He was accused of raping a 13-year-old girl and her mother and was allowed to subject his alleged victims to extensive cross-examination.

The number of those who have been cross-examined by people accused of attacking them is small.

But the executive argued that the trauma of the experience was significant and could deter future victims from giving evidence.

See also:

28 Jun 01 | Scotland
Rape law plans unveiled
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.


E-mail this story to a friend

Links to more Scotland stories



News imageNews image