Meeting of the Parliament 28 January 2016
I rise to speak to one of the most significant sections of the bill: that relating to statutory jury directions in relation to sexual offences.
I declare an interest as a former board member of Rape Crisis Scotland. I do not speak on behalf of any organisation—Rape Crisis Scotland or otherwise—but I am fairly certain that women’s organisations in general will agree with most of what I have to say. It is common currency—and a belief that has been held for decades—in the organisations that take care of women and children in circumstances where rape has taken place that the deck is stacked against someone who complains of rape: they know that juries have preconceived ideas before they enter court. That view is commonly held in all the different women’s groups.
In a rape trial, juries expect victims to have a particular demeanour: they expect the person to be somewhat excited, traumatised in some regards and to show stress and emotion, including loss of control. When it comes to physical force, juries also expect clinicians to be able to produce evidence that force was used.
There are many reasons why people might delay reporting rape. It is fairly simple: it is common knowledge that in rape cases people feel that they will not be believed; and a common source of trauma is that people do not understand themselves what has taken place. Many rapes are carried out by someone who is known to the person who has been raped, and the victim fears the consequences not just for themselves but for their extended family, including children who might be in the same room.
Juries expect to see stress and emotion. I have had 40 years’ experience in the motor industry, and in my business—now run by my son—we deal with people who have had an accident with their car. Some people can get very emotional, even about a tiny scratch. People, including men, have been known to cry when their car has been damaged. It will be happening today—someone will be very stressed about something that it is very small. They also often say, “Don’t tell my husband,” “Don’t tell my wife,” or “Don’t tell my boss,” and ask to pay for the repair themselves. They do that for a whole range of reasons.
It is the same when it comes to rape trials. Different people act in different ways. Some people can be very concise in what they do because—