YES
Sandy Brindley
THE current requirement for corroboration has a particularly significant impact on rape and other sexual offence cases.
Due to the nature of the crime of rape there are often few witnesses meaning that, with the exception of rapes involving significant levels of violence, corroboration can be particularly difficult to find.
The majority of reported rapes (around 75%, according to Crown Office figures) never make it to court.
If survivors of rape are to have any chance of obtaining justice, we need a legal system which is able to respond effectively to the reality of rape, which is frequently committed by someone known, and where it is not uncommon to have little or no evidence of physical injury.
The standard of proof required – beyond reasonable doubt – remains the strongest protection available in relation to preventing miscarriages of justice. This will not change if the corroboration requirement is removed. Rather than preventing miscarriages of justice, Scotland's requirement for corroboration hinders justice by stopping credible and reliable cases from being prosecuted.
Scotland is one of the few countries to need corroboration. It means there is a real chance men who have committed rape are walking free.
Sandy Brindley is national co-ordinator of Rape Crisis Scotland
NO
Bill McVicar
IF the requirement for corroboration is removed, it is vital careful consideration is given to the introduction of new safeguards to minimise miscarriages of justice.
The further consultation is good news in that it is exploring alternative safeguards, including those already used in other legal systems where there is no requirement for corroboration.
We are pleased to see the majority verdict weighting is being considered but feel there needs to be further research into juries and how they reach verdicts as we have no real insight as to how they do so.
We still believe, however, that if the requirement for corroboration is to be abolished, it should only be after there has been a wider review into the Scottish criminal justice system in order to ensure compliance with Article 6 of the European Convention on Human Rights.
No evidence to demonstrate that the abolition of corroboration will not result in miscarriages of justice has been produced.
In the absence of such evidence, the society believes the abolition of the requirement for corroboration without other safeguards will simply result in a contest between two competing statements on oath and therefore have the potential to result in miscarriages of justice.
Bill McVicar is convener of the Criminal Law Committee of the Law Society of Scotland
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