Derek Ogg QC, boss of the new National Sexual Crime Unit, says juries need to be reminded that the actions of those accused of rape are just as important as those of their alleged victim.
The sexual history of rape victims is often revealed in court and one teen, Lindsay Armstrong, even committed suicide after the traumatic ordeal she faced during cross examination at the trial of her rapist eight years ago.
Ogg said: “Juries should focus not just on the behaviour of the victims but of the accused as well. Everyone looks at the victim – was she drinking, how was she dressed, how was she behaving, but what about the behaviour of the person sitting in the dock? Why has he picked up a girl 10 years younger than him who was completely pie eyed, given her his wrong name and left her in the middle of nowhere without any means to get home?
“Instead of looking at whatever a complainer does, look at what the accused was doing in that context and judge him by the same standards.
“It’s our job as prosecutors to project that critical analysis of behaviour. There is a way of presenting that juries will get. At the moment juries are left with their own prejudices, saying well, she was drunk. How do we know she wasn’t consenting?”
Ogg was speaking ahead of the broadcast of a BBC Scotland investigation on rape convictions which sees victims criticise the process.
Less than 4% of reported rape cases across Scotland end in conviction. In 2007-8 there were 908 allegations of rape reported to the police, but only 88 proceeded to court and just around half ended in convictions.
In the programme Mr Ogg says at every stage of an investigation the rapist should be “in the dock” rather than putting the victim “on trial”.
Linda Armstrong, 46, says her late daughter was given a “grilling” in court during the trial of the 14-year-old accused of raping her. She was even made to hold up the underwear she was wearing that night three times, plus was asked to read out what was written on the front of them – “Little Devil” – the aim, her mum says: “to make out she was the slapper”.
The teen who raped Lindsay was convicted – but she died of an overdose of anti-depressants a few weeks later. Her family have called for specialist courts for rape cases, and say victims shouldn’t have to appear. “It needs to be more sensitive,” said Linda from New Cumnock, Ayrshire. “Lindsay was mortified with the way she was treated in court.”
New laws to toughen up sex-crime legislation were passed in June and will come into force next year. The issue of consent is at the centre of the changes.
The Sexual Offences (Scotland) Bill defines “consent” in law and also replaces the common-law offence of rape with a broader statutory offence including male rape.
A spokeswoman for Rape Crisis said they would welcome any move which brings more balance to the system.
Morning Extra with The Investigation: Rape Convictions broadcasts on Monday September 7 on BBC Radio Scotland at 9.00am followed by a
half-hour interactive programme.
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