Meeting of the Parliament 01 May 2018
It is difficult for me to believe that we are having this debate.
We know it is difficult enough for someone to report a rape. We also know that the earlier it is reported the better the chance of collecting evidence. We also know, however, that it can be days, weeks or even years before the survivor feels strong enough to come forward.
People feel shame, and wonder whether they are in some way to blame. They fear the process of providing evidence to the police. They are uncertain whether they will be believed and afraid of having to face an intrusive examination.
Then there is giving evidence in court. What used to be a comfort to a survivor was that they were in control. They could withdraw from the process at any time that they felt unable to cope. They could take it one step at a time. That control was not just a comfort. It was healing. Rape is fundamentally disempowering. It is when someone else takes control of you, and forces you to have sex against your will. That not only hurts your body, but impacts on your confidence and self-esteem. Taking back control is a big part of the healing process.
Yet this policy flies in the face of that. Instead of supporting restoration, it further demeans those already at a low ebb. The rape and sexual abuse service in Highland wrote to me about this, and they said:
“The judicial process can threaten a survivor’s recovery process and indeed reinforce trauma. Survivors therefore need to have confidence in their control over the situation and their ability to withdraw should it prove too difficult.”
Sadly, reports of rapes are low, and they will be lower still because of this policy. If the Crown Office wants to increase prosecutions, it will not do it by victim blaming. Rather, it needs to give survivors reassurance, to treat them with dignity and respect and, indeed, to protect them. More than that, it must protect them from vicious lawyers who stop at nothing to get their clients off. We have seen that all too often, although in any other walk of life such aggressive behaviour and language would not be tolerated.
We have to turn our method of prosecuting rape cases on its head. In order to allow survivors to come forward, we must act, but this is not the way to do it. The rape and sexual abuse service in Highland told me that the time between the reporting of an offence and its prosecution is still far too long. Survivors from the Highlands and Islands need to go to Glasgow, Edinburgh or Aberdeen to access a High Court, which means long journeys and overnight stays away from family and friends. The service told me that survivors have travelled to Glasgow, only to be told that their case has been postponed. Others have been given less than 24 hours’ notice that their case will be heard in Glasgow. They need to book travel, accommodation, time off and, often, childcare, which is almost impossible in that timescale. Would a woman be prosecuted if she was unable to turn up for any of those reasons?
If the Crown Office will not budge on this policy, the Scottish Government must step in and legislate to stop this travesty taking place. It is unbelievable that someone could report that they have been raped and could end up in jail themselves because they are overwhelmed by the assault and by the prosecution process. This policy could lead people to break down or even to take their own lives. We have seen such tragedies in the past as a direct result of rape victims’ treatment in court, yet the law did not change. Who is responsible for that? Who will be prosecuted for the consequential damage or loss of life?
This policy must be scrapped. The Solicitor General must engage with specialists who can support women and she needs to find ways to improve survivors’ experience and to encourage more people to come forward and to stay with the process. We must also have well-funded support services to help survivors through the process. This policy is unacceptable and we need to stop it now.