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Tuesday, 17 September, 2002, 16:15 GMT 17:15 UK
Date set for rape law change
Inside High Court
The accused must always be legally represented
A new law preventing a rape victim from being cross-examined personally by their alleged attacker will come into force in Scotland from 1 November.

The change will come into force when the Sexual Offences (Procedures and Evidence) (Scotland) Act takes effect.

The new law means the accused must be legally represented throughout the trial.

The issue came to a head in 2000 when an accused, John Anderson, was allowed to question a 13-year-old girl and her mother, whom he was accused of raping. He was later acquitted.


We want to remove the fear factor that deters many victims of sexual offences from coming forward

Jim Wallace
Justice Minister

At the time ministers said they were determined to act to stop the practice, which they described as "unreasonable, unnecessary and offensive".

Justice Minister Jim Wallace announced the date for the introduction of the new law while giving evidence to a special feedback meeting involving the Scottish Parliament's Justice 1 and Justice 2 Committees.

He said: "These two changes are part of a long standing commitment to provide better protection and support for victims of crime.

'Degrading questioning'

"We want to remove the fear factor that deters many victims of sexual offences from coming forward.

"The executive does not believe victims should be subjected to intense, often degrading questioning from the very person who is accused of abusing them."

Mr Wallace said the relevance of any evidence about the victim's sexual character would also have to be "clearly established" before it could be used.

He added: "An accused who wants to use such evidence will also face the prospect of any sexual offence convictions he already has being disclosed to the jury."


Talking PointTALKING POINT
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How do we define rape?
See also:

22 Mar 02 | Scotland
22 Mar 02 | Scotland
28 Jun 01 | Scotland
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