Reform needed to help sex crime victims who're 'retraumatised' by investigations

Published 16th Nov 2017

A charity has called for 'radical' reform of the way sexual crimes are investigated and prosecuted after a report concluded more could be done to help victims.

Rape Crisis Scotland said the findings of the Inspectorate of Prosecution in Scotland were unacceptable, highlighting one survivor who described the court process as `worse than being raped'.

The Crown Office and Procurator Fiscal Service (COPFS) said it was working with the charity to make further improvements.

The inspectorate reviewed cases of High Court sexual crimes against a backdrop of an increase in the reporting of such crimes, but also a high rate of cases dropping out of the criminal justice system and a low conviction rate, particularly for rape and attempted rape.

Its work included focus groups with 16 victims of sexual crimes who had personal experience of the prosecution service and the criminal justice system.

The process was described by one participant as 'alien' while another commented 'you need a law degree to understand what was going on'.

Others recalled a lack of information, with one stating: 'Your life is on hold, simply waiting for a phone call'' and another saying: `I generally heard nothing from month to month.'

Those who gave evidence said they were not adequately prepared for the experience, with victims describing it as 'the most degrading and terrifying thing' and 'absolutely horrendous, it was worse than being raped'.

The inspectorate's report concluded that the high number of victims who disengage 'infers that more could be done by the criminal justice system, in which COPFS is arguably the key organisation, to provide the necessary information and support to victims'.

It made 12 recommendations for the COPFS, including increasing the standard and frequency of pro-active contact with victims, simplifying the language used in communications and ensuring a dedicated advice officer is allocated to each case.

Sandy Brindley, of Rape Crisis Scotland, said: `What women are telling us is that their experience of the justice process, and particularly of giving evidence in court, is so traumatic that even in cases where there is a conviction, the cost of getting justice was too high. This is in no way acceptable.

`There are many dedicated staff working within COPFS who are committed to providing a high quality service to victims and witnesses. It remains the case, however, that the system overall is retraumatising rape complainers to an unacceptable degree.

`We have had two decades of rape reform in Scotland, yet still women describe the experience of seeking justice as bad or worse than being raped.

`If we are to improve confidence in Scottish justice responses to rape then it is time to stop tinkering around the edges and commit to radical changes.'

A COPFS spokesman said the service was dealing with a significant increase in the number of sexual offences cases, which now account for 75% of High Court work, and reform was under way.

He said: 'Most of the cases examined by the report date from a time before the implementation of COPFS new Victim Strategy which was introduced earlier this year.

`The Law Officers attach a great deal of importance to ensuring we fulfil our obligations to victims.

'There is more work to be done to ensure that every victim feels supported through the justice process - particularly children and vulnerable witnesses. COPFS is working with partners including Rape Crisis to make further improvements.'

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