Meeting of the Parliament 01 May 2018
I, too, congratulate Kezia Dugdale on securing time to bring this vital issue to the chamber.
The issue is complex and emotive. The Crown Office and Procurator Fiscal Service’s recent change of policy on compelling reluctant victims in rape cases has clearly been met with opposition and concern from charities, individuals and MSPs alike.
As members will be aware, on 25 April, my colleague Christina McKelvie sought an assurance from the Solicitor General for Scotland that victims would not face potential prosecution for ignoring a witness warrant if one was sought by the Crown. However, the Solicitor General was unable to give that assurance. I understand that that would and could happen only in the most exceptional cases and that any decision would be taken only after careful assessment and consideration of all the circumstances.
The Crown states that the victim’s interests, welfare and views are at the heart of prosecution policy in relation to victims who are reluctant to complain, and that the policy underlines the importance of exploring the reasons for such reluctance. However, it is vital that we in no way alienate, discourage or traumatise women with the bravery to come forward and reveal what has happened to them.
In 2016-17, 1,755 rapes and 123 attempted rapes were reported to Police Scotland. However, those figures are undoubtedly the tip of the iceberg. It is understandable that many women feel scared and unwilling to report an attack. There is a host of reasons for that. It is therefore vital that women who report rape or sexual assault and intend to proceed through the criminal justice process are supported; they must feel that their case will be dealt with appropriately and with understanding.
The criminal justice system itself is a major reason why many victims choose not to report rape. For those who choose to do so, lengthy delays in cases going to court and a lack of meaningful communication often lead to those women feeling that they can no longer cope, and they lose heart and have to withdraw. It is inherently wrong that people who have already been through such a traumatic experience and have shown the resolution and resilience to report rape may face the possibility of being presented with a warrant. Such a policy could mean that such women would be punished by the very system that is supposed to protect them.
Figures for many crimes in Scotland are going down, but the number of reported sexual offences continues to rise. Reported sexual offences have been on a long-term upward trend since 1974 and have increased every year since 2008-09. Sexual crimes are now at their highest level since 1971, which is the first year for which figures for comparable crime groups are available. That, of course, is due in large part to the fact that, increasingly and rightly, women feel better able to report the crime and feel supported, should they do so, in taking it forward through the justice system. Consequently, we have a responsibility to ensure that women feel safe, that they have confidence that their case will be dealt with sensitively should they wish to report what has happened to them, and that they should not fear prosecution should they later wish to withdraw.
The Scottish Government’s equally safe strategy clearly sets out that violence against women and girls in any way, shape or form has no place in Scotland. For over a decade, the Scottish Government has helped to form a justice system for survivors of gender-based violence that ensures that they are responded to appropriately and with sensitivity and understanding. I welcome Lord Carloway’s deliberations this morning. We must continue that approach in order to build a safe and successful Scotland for everyone.
I understand that the Crown is committed to continuing to work closely with Rape Crisis Scotland and other agencies to improve the experience of victims. I welcome that on-going work with Rape Crisis Scotland and hope that the Crown takes on board the important discussions and points that have been made across the chamber in order to ensure that every woman in Scotland feels supported, particularly by the very system that is designed to protect them, should the worst ever come to pass.
18:03