Rape victims in Scotland will be protected when giving evidence, says lord advocate

"I would like to make clear that I understand sexual abuse inflicted upon women and children to be the single greatest challenge our justice system faces. It is unacceptable and victims should feel able to speak out without further fear, she continued, before underlining: The supreme court ruling does not alter the statutory protections for those giving evidence. But on Monday, Bain drew the focus back to victims, reassuring them: These safeguards remain firmly in place to protect the dignity, privacy and wellbeing of victims"

"Although both appeals were dismissed, the five judges ruled that Scotland's courts needed to change their approach to the admission of evidence in such cases, warning its current process is liable to result in violations of defendants' rights to a fair trial under article 6 of the convention. The judgment centred on Scotland's rape shield laws, brought in to protect complainers in sexual offence cases from humiliating questions about their sexual history or character."

"But lawyers have voiced growing concerns that sections 274 and 275 of the Criminal Procedure (Scotland) Act 1995 in operation with the common law have resulted in a narrowing of admissible evidence, creating absurdities in the courtroom and leaving accused men unable to properly defend themselves. The supreme court emphasised that any intrusion into a complainer's privacy must be no more than is necessary to ensure that the accused receives a fair trial."

The Supreme Court found that Scotland's approach to admitting evidence in rape cases risks violating defendants' Article 6 fair-trial rights, even though two appeals against convictions were dismissed. The judgment focused on rape shield provisions designed to protect complainers from humiliating questioning about sexual history or character. Lawyers warn that sections 274 and 275 of the Criminal Procedure (Scotland) Act 1995, combined with common law, have narrowed admissible evidence and hindered proper defence. The lord advocate, Dorothy Bain KC, affirmed that statutory safeguards for witnesses remain and stressed that any intrusion into a complainer's privacy must be no more than necessary.

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