| You are in: UK: Scotland | |||||||||||||||||||||||
| Wednesday, 26 September, 2001, 15:35 GMT 16:35 UK Opposition to rape law plan ![]() 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.
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: Internet links: The BBC is not responsible for the content of external internet sites Top Scotland stories now: Links to more Scotland stories are at the foot of the page. | |||||||||||||||||||||
Links to more Scotland stories |
| ^^ Back to top News Front Page | World | UK | UK Politics | Business | Sci/Tech | Health | Education | Entertainment | Talking Point | In Depth | AudioVideo ---------------------------------------------------------------------------------- To BBC Sport>> | To BBC Weather>> ---------------------------------------------------------------------------------- © MMIII|News Sources|Privacy | ||