Meeting of the Parliament 01 May 2018
I welcome the opportunity to speak in this debate on support for Rape Crisis centres and prosecutions. I thank Kezia Dugdale for lodging the motion, which begins by welcoming the Scottish Government’s broad commitment to addressing violence against women and girls.
Under the equally safe strategy, significant work has indeed been done in the Parliament, including passing legislation such as the Human Trafficking and Exploitation (Scotland) Act 2015, the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, and the Domestic Abuse (Scotland) Act 2018; and setting up a dedicated unit within the Crown Office and Procurator Fiscal Service to deal sensitively and effectively with rape, serious assault and domestic abuse cases. Domestic abuse is now an aggravated offence.
In establishing that dedicated unit, not only is the COPFS finely attuned to the trauma that rape victims experience and the sensitivity that is required in dealing with their cases, but Scotland is acknowledged as leading the way in tackling domestic abuse and violence against women. Furthermore, it is essential that the independence of our COPFS is protected, along with its ability to use prosecutorial discretion to prosecute in the public interest.
Although the COPFS’s ability to issue a witness warrant to compel witnesses to give evidence is a long-standing capability, it is the first time that the policy as it applies to rape cases has been put into formal COPFS documentation.
As Ruth Maguire stated, the COPFS has emphasised that the focus of the revised policy is not on compelling rape complainers to testify, but on ensuring that the burden of prosecutorial decision-making lies with the COPFS, and on ensuring that decisions are made after the most careful consideration of all the relevant circumstances.
There is, of course, a balance to be struck between the interests of the complainer, who is after all a member of the public, and the wider public interest. Equally, the reasons why complainers do not come forward require further examination and research, and we need to ensure that the necessary support is in place to give victims the confidence to give evidence. Organisations such as Rape Crisis Scotland are ideally placed to offer their experience of helping and supporting victims, but it and other charities who offer support must be adequately resourced.
Unfortunately, the experience of the Lanarkshire Rape Crisis Centre is not encouraging. Although the Scottish Government has provided funding over the past few years, it has been
“without increase, increment or consideration for the amount and type of work being carried out with survivors of sexual violence across the two local authority areas of North and South Lanarkshire.”
Consequently, the staff are uncertain about their future employment and service users are uncertain whether they will be able to access support in the long term. That is particularly concerning, given that some cases can take up to two years to progress through the criminal justice system.
I therefore welcome the commitment of the Lord Advocate and the Solicitor General to continue working closely with support agencies, including Rape Crisis Scotland, to resolve those vexing issues.
17:26