Rape victim sexual history restriction rejected

An amendment to the government’s Victims and Witnesses Bill which would have cut back on the use of rape victims’ sexual history in court trials was today defeated in the Scottish Parliament.

The amendment, tabled by Scottish Conservative justice spokeswoman Margaret Mitchell MSP, would have given rape victims the right to independent legal advice if lawyers attempted to access “health or other sensitive information” about them during criminal proceedings.

She also brought forward amendments to allow the policy to first be piloted in “a limited and cost-effective way” for no less than six months.

Despite the failed amendment, MSPs passed the legislation unanimously.

It is designed to “make provision for certain rights and support for victims and witnesses”, and it includes provision for victims of sexual assault to choose the gender of the police officer who interviews them.

The Scottish Government’s justice secretary Kenny MacAskill said the passage of the bill will “see more consideration given to the rights and needs of victims and witnesses of crime and will improve their experience of the system to which they turn to see justice served”.

But Mitchell insisted there are “longstanding concerns over the inappropriate use of victims’ health and other sensitive information in sexual offence trials”, and that “the introduction of independent legal advice for these individuals would go some way to tackling that”.

Eileen Maitland of Rape Crisis Scotland agreed that “the prospect of having their personal lives subjected to such public scrutiny is an ordeal for rape complainers and a real deterrent for survivors who are considering reporting”.

Lily Greenan of Scottish Women’s Aid also said “independent legal advice for the complainer where an attempt is made to introduce sexual history evidence would be one way to ensure the rights of victims are considered”.

Despite voting against the amendment, the Scottish Government says MacAskill is “willing to further discuss the underlying concerns raised with Rape Crisis Scotland, Crown Office and others”.