Rape victims should not have to give evidence in court, charity claims

Earlier this month Scotland's most senior judge Lord Carloway told the BBC rape victims should not have to appear in court, and could give filmed statements within 24 hours of an alleged attack.

Sandy Brindley, national coordinator for Rape Crisis Scotland, said radical change was needed to improve the experience for victims of sexual violence and improve the quality of the evidence available to the courts.

READ MORE: Inspector of prosecutions slams courts over rape cases that retraumatise victims

"Evidence should be pre-recorded and taken much closer to the incident," she said. "If you video record someone's statement to the police that should be the evidence in chief and then they could be cross-examined on video, taking them out of the formal, intimidatory court process entirely."

She said this would tackle many of the problems which deter victims from pursuing cases against their alleged attackers, including regular long delays before a case comes to trial and the prospect of cross-examination on the witness stand.

Justice Secretary Michael Matheson announced Government funding yesterday for a study by the Scottish Centre for Crime and Justice Research (SCCJR) which aims to

put the interests of victims at the heart of the criminal justice system.

SCCJR researchers will speak to victims about their experiences from the beginning to the end of the legal process, and understand the factors that affect whether individuals who experience rape and sexual assault choose to seek justice.

READ MORE: Rape victims who won't testify may face jail under controversial policy

Mr Matheson said: “Going through the justice process can be a daunting experience and I am determined that we do more so that all stages are victim-centred and trauma-informed.

“This research will help identify the changes needed to improve victim-survivor confidence in the system, and ensure it balances responding to the needs of the very vulnerable with the rights of the accused.”

Dr Oona Brooks-Hay, lecturer in Criminology at SCCJR and lead researcher said: “Only those who have been through this process can tell us what it really feels like and what matters to them. We know from our earlier research about the role of Rape Crisis Advocacy Workers that a number of challenges remain in what can often be a difficult and lengthy process.

“Developing an in-depth understanding of victim-survivors’ needs, expectations and experiences as they progress through their own ‘justice journey’ is crucial to improving their encounters with the criminal justice system and the evidence that they are able to provide.”

In November, a report by the Inspectorate of Prosecution warned that the experience of going to court was so unsatisfactory that some rape victims regretted pursuing cases, even if their attacker was convicted.

The report said delays in bringing cases, bureaucracy and jargon and a lack of of support meant that victims found the court process could be "cruel, terrifying and humiliating." One told inspectors "it was worse than being raped".

In February it was revealed that Scotland's conviction rate for rape and attempted rape has fallen to its lowest level for eight years, with just 39 per cent of cases resulting in a conviction.

READ MORE: Rape convictions in Scotland at lowest level in almost a decade

Sandy Brindley, added: That is a matter of great concern, especially when you consider the fast majority of reported attacks don't even make it to court. It shows there is a lack of access to justice for people who have been raped in Scotland.

“We need to hear directly from rape survivors about their experience of the justice process, good and bad, if we are to improve how we support them throughout the process. This research will play an important role in helping us consider how to secure better evidence, and any steps that can be taken to reduce any avoidable distress or trauma.”