Scottish judges take away barrier to taking rape circumstances to courtroom

More rape circumstances are anticipated to go to courtroom because of the landmark ruling by eight Scottish judges.

They overturned an 87-year-old rule that restricted what may very well be completed about statements made by an alleged sufferer quickly after an alleged crime.

This would imply that extra circumstances could be prosecuted, probably leading to extra convictions, though it’s not but clear how massive the influence could be.

Lord Advocate Dorothy Bain Casey requested for the change after two intercourse crime trials final 12 months resulted in acquittals.

Sandy Brindley, chief govt of Rape Crisis Scotland, mentioned: “This is a landmark decision which has the potential to significantly improve access to justice for rape victims.

“This will remove barriers to taking cases to court.”

At the guts of all that is the problem of corroboration, a novel side of Scottish prison regulation which requires proof from not less than two sources to show the important info of a case.

Campaigners have lengthy claimed that this quantities to obstruction of justice as a result of it prevents many allegations from reaching courtroom. Proponents of corroboration argue that it is a vital safeguard towards wrongful conviction.

The rule being overturned dates again to the Thirties and limits what could be completed with statements made by an alleged sufferer.

This adopted the profitable attraction of a person known as Henry Morton, who was convicted of indecently assaulting a girl in Glasgow in 1936.

The judges listening to the Morton case dominated that sufferer statements made shortly after the alleged crime may solely be used to point out that they have been constant always about what had occurred.

At a listening to in June, Dorothy Bain argued that the statements ought to be allowed to corroborate different proof that the crime had occurred and that the accused was the offender.

Eight of the 9 judges contemplating the case agreed with him.

The Lord Advocate mentioned the choice continued “the evolution towards the development of a progressive and humane justice system”.

He mentioned: “The Court of Appeal decisions have the potential to change the way all crimes are prosecuted, particularly sexual offences, and I believe will improve access to justice for many more victims.

“These references have gone some way in giving victims of sexual crime the opportunity to participate effectively, but I believe the justice system as a whole has much more to do.

“The Crown Office and the Procurator Fiscal Service will study this decision carefully and integrate its results into their continuing efforts to improve the way they work.”

Overturning the verdicts ought to imply extra circumstances will attain the authorized threshold required to go to courtroom, though juries will nonetheless must be satisfied past cheap doubt of the accused's guilt.

The high quality of proof in a case is not going to be affected however prosecutors will be capable of do extra with what they’ve.

The Lord Advocate has typically spoken about his need to reform the authorized system for victims of sexual crime.

The majority of rape circumstances reported to the police usually are not prosecuted and amongst these which can be prosecuted, conviction charges are considerably decrease than different crimes.

For instance, 2,529 rapes and tried rapes have been recorded by Police Scotland in 2022/23.

That similar 12 months, 372 rape and tried rape circumstances reached the courts. The conviction price was 48%, in comparison with greater than 80% for all crimes.

Speaking earlier this 12 months, one regulation lecturer mentioned that overturning the Morton Rule would nearly imply the top of affirmation as we now have identified it for almost a century.

Dr Andrew Tickell of Glasgow Caledonian University mentioned the proof of 1 witness may very well be used to additional corroborate the case.

Nine judges thought of the Lord Advocate's request as the choice had been completed by seven of his predecessors within the Thirties.