Free legal representation for sexual offence victims in Scotland
The First Minister made the announcement as part of International Women's Day
Victims of sexual offence in Scotland are to be offered "free, independent legal representation" when faced with potential questioning about their sexual history.
The move was announced by First Minister Nicola Sturgeon today (March 8) as part of International Women's Day.
She said: "We have a duty to address systemic barriers to justice and the many challenges women face, at each stage of a criminal justice process that was designed by men and – to a very significant extent – for men."
It comes after earlier this week we heard from a rape survivor, Ellie Wilson, about why changes were required - after telling us of the traumatic cross examination she faced.
READ MORE: Plea for rape survivors to have more protection in court
Detailing her experience Ellie said: " He put it to me that I was lying, and that none of that happened, and I understand that he's allowed to do that, and it's his job.
"But he went beyond that, and I was accused of having narcissistic personality disorder.
"And I was told repeatedly how the person who raped me actually loved me so much. And to hear that is so, so, so soul destroying when abuse in itself is really, really difficult to come to terms with."
Currently there are safeguards, known as rape shield laws, which are intended to stop inappropriate questioning about a victim’s sexual history or ‘bad character’ during sexual offence trials.
However around 350 applications are made each year to the High Court for exemption to this law, under section 275 of the Criminal Procedure (Scotland) Act 1995.
Under the new proposals announced by the First Minister in a speech to Parliament for International Women’s Day, automatic access to fully funded independent legal representation and advice would be available to victims, if a section 275 application is made.
The reforms draw on recommendations from Lady Dorrian’s cross-justice review on improving the management of sexual offences. This highlighted the importance of victims being provided with automatic independent legal representation to better protect their rights.
They will form part of the Criminal Justice Reform Bill, which will be introduced to Parliament before the summer recess.
First Minister Nicola Sturgeon said: “This Government has already taken important steps to ensure that the law works more effectively for women." but went on to say the Government has a duty to take more steps.
She continued:
“One especially intrusive aspect of criminal procedure arises when requests are made to lead evidence about a victim’s sexual history or so-called ‘bad character’. As a result, Lady Dorrian, in her review, highlighted the importance of victims having access to automatic independent legal representation in these circumstances.
“The Scottish Government is supportive of that, and I can confirm that the forthcoming Bill will propose that women in these circumstances will have access to free, independent legal representation.”