Chamber
Plenary, 21 Nov 2001
21 Nov 2001 · S1 · Plenary
Item of business
Sexual Offences (Procedure and Evidence) (Scotland) Bill: Stage 1
I have just returned from a seminar on counting the cost of violence against women, which had delegates from all over the world, so I especially welcome this Executive legislation, which will go some way to protecting vulnerable witnesses in the criminal justice system. The intent of the bill is to lessen the distress that is suffered by, and to improve the rights of, women complainers of sexual offences. That is commendable.
As has been mentioned—it is worth while repeating it—there were 591 reported cases of rape in Scotland in 1999, yet only 27 convictions of rape were obtained. While the reporting of sexual offences is rising, the attrition rate is falling. Any change to legislation that will further increase the reporting of sexual offences and improve the attrition rate has to be welcomed.
It is thought that 91 per cent of rapes go unreported, so the measures to restrict evidence are extremely welcome, because one of the reasons for sexual offences going unreported is the thought of having to relive the events in court and answer questions of a personal nature that have nothing to do with the offence. The thought of their personal lives being on trial further distresses victims and prevents many women from reporting crimes.
The change is also welcome because research has shown that defence lawyers and advocates have used the ability to introduce evidence relating to complainers' lifestyles to throw a smokescreen of immorality around the complainer, to confuse the jury and get their client off. The legislation will help to protect the dignity and privacy of the complainer, while preventing lawyers from muddying the issues.
I hope that the proposed new legislation will be the beginning and not the end as far as sexual offences are concerned. There is a long way to go before vulnerable people receive the protection and help that they need from our criminal justice system. As convener of the cross-party group on men's violence against women and children, I have had the opportunity to hear at first hand from organisations—some of whom are represented in the gallery—that are involved in supporting women who have suffered from sexual offences and other problems.
Following on from the bill, the Executive must consider urgently the definition of rape. An idea would be to follow the example set out by the "Setting the Boundaries" report in England and Wales, which gives a non-exhaustive, statutory definition of rape. That would make it clear to men what is acceptable and what is not. It would also stop any repeat of the ruling by Lord Abernethy. Sexual offences law must be based on the recognition of a woman's sexual autonomy and the fact that she has the right to say no or yes to sex without being judged or suffering abuse.
A review of the procedures used by the police and procurators fiscal is also needed. The procedures that are currently used have been developed to catch and convict attackers who are not known to their victims, but in most cases the attacker is known. Therefore, the framework for investigation and conviction is of little use. Of all callers to rape crisis centres, 97 per cent know their attackers, but most of those cases never make it to court.
A review of how witnesses are treated in court is needed. Women who have been attacked should be treated as vulnerable witnesses and should not be forced to face their attacker in court. There is also a need for training for the judiciary and the legal profession so that they understand the trauma that women face when they enter a court.
We need an overarching review of the law and procedures used in sexual offence cases. It is no good going at the issue piecemeal, as that will only cause further problems and lessen the impact of any changes, even those made with good intentions. The proposed legislation is a start, but by no means must it be seen as the end.
As has been mentioned—it is worth while repeating it—there were 591 reported cases of rape in Scotland in 1999, yet only 27 convictions of rape were obtained. While the reporting of sexual offences is rising, the attrition rate is falling. Any change to legislation that will further increase the reporting of sexual offences and improve the attrition rate has to be welcomed.
It is thought that 91 per cent of rapes go unreported, so the measures to restrict evidence are extremely welcome, because one of the reasons for sexual offences going unreported is the thought of having to relive the events in court and answer questions of a personal nature that have nothing to do with the offence. The thought of their personal lives being on trial further distresses victims and prevents many women from reporting crimes.
The change is also welcome because research has shown that defence lawyers and advocates have used the ability to introduce evidence relating to complainers' lifestyles to throw a smokescreen of immorality around the complainer, to confuse the jury and get their client off. The legislation will help to protect the dignity and privacy of the complainer, while preventing lawyers from muddying the issues.
I hope that the proposed new legislation will be the beginning and not the end as far as sexual offences are concerned. There is a long way to go before vulnerable people receive the protection and help that they need from our criminal justice system. As convener of the cross-party group on men's violence against women and children, I have had the opportunity to hear at first hand from organisations—some of whom are represented in the gallery—that are involved in supporting women who have suffered from sexual offences and other problems.
Following on from the bill, the Executive must consider urgently the definition of rape. An idea would be to follow the example set out by the "Setting the Boundaries" report in England and Wales, which gives a non-exhaustive, statutory definition of rape. That would make it clear to men what is acceptable and what is not. It would also stop any repeat of the ruling by Lord Abernethy. Sexual offences law must be based on the recognition of a woman's sexual autonomy and the fact that she has the right to say no or yes to sex without being judged or suffering abuse.
A review of the procedures used by the police and procurators fiscal is also needed. The procedures that are currently used have been developed to catch and convict attackers who are not known to their victims, but in most cases the attacker is known. Therefore, the framework for investigation and conviction is of little use. Of all callers to rape crisis centres, 97 per cent know their attackers, but most of those cases never make it to court.
A review of how witnesses are treated in court is needed. Women who have been attacked should be treated as vulnerable witnesses and should not be forced to face their attacker in court. There is also a need for training for the judiciary and the legal profession so that they understand the trauma that women face when they enter a court.
We need an overarching review of the law and procedures used in sexual offence cases. It is no good going at the issue piecemeal, as that will only cause further problems and lessen the impact of any changes, even those made with good intentions. The proposed legislation is a start, but by no means must it be seen as the end.
In the same item of business
The Presiding Officer (Sir David Steel):
NPA
The main business today is a stage 1 debate on motion S1M-2459, in the name of Jim Wallace, on the general principles of the Sexual Offences (Procedure and E...
The Deputy Minister for Justice (Iain Gray):
Lab
This is a short but important bill, whereby the Executive fulfils a commitment to improve significantly the way victims of sexual crimes are treated in our c...
Phil Gallie (South of Scotland) (Con):
Con
Under bail law, someone who has been charged with rape and who decides to conduct their own defence would have limited access to the complainer. Would that c...
Iain Gray:
Lab
Mr Gallie raises an interesting question, but it is perhaps not for this debate, because the bill would set such a situation right by changing the legislativ...
The Presiding Officer:
NPA
Before I call the next speaker, I see at least five members in the chamber who have indicated that they would like to speak, but who have not pressed their r...
Roseanna Cunningham (Perth) (SNP):
SNP
The Scottish National Party supports and welcomes the general intent of the bill, which is—of course—aimed at protecting the complainer and other witnesses f...
Lord James Douglas-Hamilton (Lothians) (Con):
Con
Does Roseanna Cunningham accept that it is extremely unlikely that a Scottish judge would ever have allowed such an outrage to occur?
Roseanna Cunningham:
SNP
It is difficult for me to answer that question. I understand what Lord James Douglas-Hamilton is trying to say, but such cross-examination does occur in Scot...
Scott Barrie (Dunfermline West) (Lab):
Lab
Will the member give way?
Roseanna Cunningham:
SNP
I am sorry, but I am in the final minute of my speech.The proposed changes will affect not just rape cases; they will cover a wide variety of offences, which...
Bill Aitken (Glasgow) (Con):
Con
In due course, the Conservatives might take issue with certain aspects of the bill, but we would be the first to concede that there are real difficulties in ...
Iain Gray:
Lab
Mr Aitken makes a fair point about the research being difficult. Will he accept that one construction of what he has related is that when we ask complainers ...
Bill Aitken:
Con
I am happy to concede that there is a difficulty, which is the polarisation to which I referred earlier in my speech. Everybody is working with the same diff...
George Lyon (Argyll and Bute) (LD):
LD
Before I begin, I welcome Baroness Michie of Gallanach to the VIP gallery. Applause.The Justice 2 Committee report states:"It is a general principle in Scots...
The Deputy Presiding Officer (Patricia Ferguson):
Lab
We now move to open debate. Several members want to speak, so I ask those who do to keep their contributions to four minutes.
Pauline McNeill (Glasgow Kelvin) (Lab):
Lab
I thank committee members and the committee clerks who worked hard on the report. I also thank the Parliamentary Bureau, which allowed extra time for the com...
Mrs Margaret Ewing (Moray) (SNP):
SNP
I join George Lyon in welcoming Baroness Michie of Gallanach to the VIP gallery. Although Ray Michie and I have been in different political parties all our l...
Mrs Mary Mulligan (Linlithgow) (Lab):
Lab
The bill appears to have two aims. The direct aim is to change the way in which the legal system works in relation to sexual offences. The indirect aim is to...
Stewart Stevenson (Banff and Buchan) (SNP):
SNP
I start by thanking the convener of the Justice 2 Committee for her welcome when I joined the committee. I was not just joining her committee; I was joining ...
Members:
Sook.
Christine Grahame (South of Scotland) (SNP):
SNP
Sit down now.
Stewart Stevenson:
SNP
—so all my faults are Pauline McNeill's as well.I want to talk about the climate of fear among potential complainers—those who have been victims of rape. Bil...
George Lyon:
LD
May I clarify what I said? I did not state that an amicus curiae was an alternative. I suggested that, before introducing any more measures, the minister mig...
Stewart Stevenson:
SNP
I thank George Lyon for that clarification, which I am prepared to accept. I was merely making the point that he would leave the option open, whereas I would...
Mrs Lyndsay McIntosh (Central Scotland) (Con):
Con
Members from across the political divide will recollect my contributions on matters of domestic abuse and abuse of women in general—in particular, rape or cl...
Johann Lamont (Glasgow Pollok) (Lab):
Lab
Will the member give way?
Mrs McIntosh:
Con
I have only a couple of minutes left and I am sure that Johann Lamont will make a speech of her own.The cynics among us may say that we need to have more fai...
Maureen Macmillan (Highlands and Islands) (Lab):
Lab
I welcome the bill and I commend the Justice 2 Committee for its report. The bill marks real progress in reforming the impact of the legal process on victims...
Mr Gil Paterson (Central Scotland) (SNP):
SNP
I have just returned from a seminar on counting the cost of violence against women, which had delegates from all over the world, so I especially welcome this...
Johann Lamont (Glasgow Pollok) (Lab):
Lab
I welcome the opportunity to speak on the stage 1 report on the Sexual Offences (Procedure and Evidence) (Scotland) Bill. It is a matter of personal satisfac...