Meeting of the Parliament 01 May 2018
I congratulate Kezia Dugdale on securing time for this debate and on her powerful contribution this evening. It is good to see cross-party unity in this chamber on tackling the issue of violence against women and addressing the flaws in our justice system with regard to how it deals with reported cases. I also welcome the Government’s commitment to the issue through the equally safe strategy, because the physical and mental wellbeing of rape complainers should, without exception, be our number 1 priority. However, for too many rape complainers, their experience of the justice system itself is traumatic, and the insensitivity with which some survivors of rape, domestic abuse and sexual violence have been dealt with is, quite simply, inexcusable.
Up to 8 March this year, rape complainers could not be compelled to give evidence in court. Of course, that has now changed, and the Crown Office can compel reluctant rape complainers to give evidence through warrant or arrest. I accept that it might not wish to do that, but it can do so. The personal testimonies of women who have battled in the justice system to have the despicable things that they have gone through recognised is beyond heartbreaking, and Rape Crisis Scotland has issued warnings of the consequences that could result from the change in policy. I note my disappointment that the offer from Rape Crisis Scotland to work with the Crown Office on the issue, following the consultation meeting on 30 August 2017, was not taken up.
Rape victims already find it difficult enough to present the evidence for the case, and many find the hostility of the criminal justice process to be a key factor in their reluctance to come forward. As Kezia Dugdale has already said—it is worth repeating—one victim found her experience of the justice system to be
“worse than the rape itself.”
That surely cannot be tolerated any longer.
Whether we like it or not, we live in a society in which rape complainers are not naturally believed. Their character comes under intense scrutiny, their story is pulled apart—usually far more than is the case in relation to a non-sexual crime—and their willingness to continue the fight is often lost among the negativity of the system. Studies that have been carried out by Rape Crisis Scotland have found that, with the new policy, there is likely to be an increase in women falsely admitting to having made up their testimonies, because they see that as the only way out of their distressing ordeal.
It is clear that, under the new policy, Rape Crisis Scotland will not be able to reassure clients that they will not be prosecuted for not appearing in court—something that it had previously found crucial to keeping women in the system. The fact that the process is so traumatic that women feel compelled to deny their own rape should make us all feel utterly ashamed.
An additional issue within the criminal justice process with regard to how it tackles rape complainers is the lack of consistency. Rape complainers are often left for long periods before their cases are brought to court, and there is a distinct lack of communication surrounding the locations and timings of hearings, both of which are often subject to a number of changes. That simply adds anxiety to what is already a traumatic experience.
Rape complainers deserve better. They have been given a voice by organisations such as Rape Crisis Scotland, but far more needs to be done. I suggest that, instead of pursuing the flawed approach that has been outlined, the Crown Office considers the five asks of Rape Crisis Scotland, which I commend. For current and future rape complainers, we must ensure that the justice system provides closure to trauma, not the continuation of it. This policy must be scrapped.
17:43