Meeting of the Parliament (Hybrid) 01 October 2020
I welcome the opportunity to take part in the stage 1 debate on what I know to be an important and essential bill.
First, I thank the Health and Sport Committee for its thoughtfulness and diligence in producing its stage 1 report on the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Bill.
Secondly, I am very grateful to the individuals and organisations that provided such valuable insight into the issues surrounding the bill, including the victims of sexual assault and rape who showed incredible strength and courage in helping to shape the bill. Their input will be essential as the bill progresses through Parliament.
As my colleague David Stewart has already stated, Scottish Labour supports the bill. I hope that, as a Parliament, we can produce a strong and effective piece of legislation that will support the health needs of victims of rape and sexual assault.
Many of the provisions in the bill are long overdue, including those on self-referral, although I am aware that two health boards already provide such a service. The bill will ensure that all victims of sexual offences in Scotland have the same access to the healthcare that they need.
We are all too aware of the pain and the misery that sexual violence causes victims. The option of self-referral, with or without criminal justice involvement, is a major step forward in reducing the barriers that exist to seeking the right physical and psychological support. Wraparound, trauma-informed support is vital, and improvements are required if we are to consistently deliver the trauma-informed care, information, advocacy and holistic healthcare services that victims need.
The committee’s report highlights several areas of concern, and I welcome the Scottish Government’s commitment to ease those concerns and strengthen the bill at stage 2.
I note that there is a difference of opinion on the age of self-referral, which the bill sets at 16. Although that falls in line with the age of consent, I worry when I see statistics that the Rape and Sexual Abuse Centre Perth and Kinross has provided, which show that 20 per cent of survivors who access its services were between 13 and 15 years of age when their abuse started, and a further 27 per cent were under 13. Those are worrying figures—and each case is one that should not have happened, regardless of age.
The Scottish Children’s Reporter Administration and Children 1st have highlighted that children and young people are automatically considered within child protection procedures. However, concerns have been raised that restricting self-referral for under 16s may act as a barrier to younger victims, especially where the abuse involves a family member. I sincerely hope that the Scottish Government will closely monitor the age of self-referral in order to better support all victims of rape or sexual abuse when access to services is sought.
It is important to ensure that all victims are aware of their healthcare rights, and I back the Royal College of Nursing’s call for public awareness of the bill. As well-intentioned and well-resourced as the eventual act will be, we will require information to be spread as widely as possible to all parts of Scotland.
The mental trauma of rape and sexual abuse can last significantly longer than the physical injuries that are suffered. However, mental health services are stretched at present, just as they were pre-Covid. A guarantee of access to appropriate mental health services must be delivered as part of any wraparound, trauma-informed care, and it must be delivered with the right degree of advocacy. I know that many fantastic, essential organisations are providing such advocacy in all parts of Scotland.
Scottish Labour supports the calls for 24/7 forensic medical examination services but, again, they must be available consistently across the country.
I believe that the bill has the potential to support all victims of sexual offences by removing barriers to healthcare and ensuring that the decision to become involved in the criminal justice system is in the hands of the victim. In my time as a member of this Parliament, I have heard the range of emotions, including anxiety and fear, that individuals face when reporting sexual assault. Although the vast majority of people who experience sexual assault are women, we must remember and be mindful of the fact that men and boys can also suffer sexual assault.
The bill will rightly put the victim at the centre of their treatment and recovery, with or without the added pressure of police and court involvement. I support the general principles of the bill.
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