Hansard

I hope so. I fully agree with David Stewart that there has long been an issue around conviction rates in relation to sexual offences, particularly rape. That is a longstanding problem that we require to correct.

The HMICS report highlighted the lack of overnight and weekend provision and the practice of medical examinations taking place in police buildings in many areas of Scotland. It also referred to the lengthy journeys that were often faced by victims and noted that victims were being asked not to wash for a day, or more, after an assault, which is something that Sandy Brindley of Rape Crisis Scotland spoke about during the committee’s evidence taking, when she said:

“We cannot overstate how much distress is caused by having to wait hours or even days for a forensic examination after being raped or sexually assaulted”.—[Official Report, Health and Sport Committee, 17 March 2020; c 29.]

From my perspective, as a Highlands and Islands MSP like David Stewart, I was horrified to read an article from 2017 that noted that rape victims in our island communities were forced to travel to the mainland for an examination, unwashed and hungry, due to a lack of island-based facilities. In no society should that level of degradation be acceptable, least of all ours.

Of all the aforementioned issues that the HMICS report raised, those issues need to be dealt with urgently, especially given their scale. The most recent figures available show that in 2018-19 Police Scotland recorded 13,547 sexual crimes, of which 40 per cent of the claims relate to a victim under the age of 18. That is a very high proportion, and such figures should concern us all. Although the bill sadly cannot prevent such crimes from happening, it can help to drastically improve the experience of victims of such crimes.

I will make a few general points on key elements of the bill. The Scottish Conservatives fully welcome the work that has been carried out to develop a vision for what trauma-informed care could look like in the context of the bill. As I said, the committee heard from victims of rape and sexual assault who had experienced physical and mental trauma as a result of medical forensic examinations. It was acknowledged that trauma-informed care recognises the impact of trauma on an individual’s health and their social and emotional wellbeing, and aims to deliver services that minimise the risk of further trauma. The committee recommended that the bill should explicitly state that as a requirement.

That issue also relates to other elements of the bill. Many statements from witnesses at the committee noted the need for greater access to female doctors as a means to reduce trauma. Rape Crisis Scotland said that that is the single most pressing issue that requires to be addressed to improve survivors’ experience.

Another aspect that the Scottish Government should consider further is the provision of out-of-hours services, which was raised on several occasions by various witnesses. They spoke of the delays that victims have experienced while undergoing forensic examination, and they mentioned in particular the psychological impact on those who, as I said earlier, were unable to wash or change their clothes. I hope that the Government will consider that issue as the bill progresses to stage 2.

Other members have referred to the provision that seeks to make forensic medical examination available on a self-referral basis for people who are over the age of 16. That would mean that victims of sexual abuse and rape would be able to access a forensic medical exam without first reporting the incident to the police. That is important, and it has been broadly welcomed by Victim Support Scotland and Rape Crisis Scotland, which both said that it is an advantageous provision. However, Rape Crisis Scotland highlighted that the provision must be consistent across the country and available 24/7.

Alex Cole-Hamilton has already referred to one concern that was apparent during committee evidence: that restricting self-referral by age may unintentionally act as a barrier to prevent younger or vulnerable victims from coming forward. As other members have said, the Law Society’s view is that the age limit needs to be kept under review, but, in the view of the Scottish Conservatives, there is an issue here. It is plain that there is further work required, and a debate to be had, around that part of the bill.

I could have spoken about many more issues, and I hope that other members will cover them during the debate, given the extensive nature of the bill. The Scottish Conservatives will support the bill today at stage 1 and scrutinise it further as it makes its way through stages 2 and 3. It is a positive and welcome step forward to ensure that victims’ needs are prioritised. Survivors of sexual offences have waited long enough for this legislation and the changes within it, and it is now down to the Scottish Government to listen to the concerns that have been raised; to respond positively and proactively to the committee’s report; and to make the necessary changes to ensure that the bill meets all the needs of those whom it is intended to support.