MSP speaks on duty of care debate
Stirling MSP Bruce Crawford has spoken of a duty to ensure victims of sexual crimes feel they can come forward and those responsible are brought to justice.
His comments came after Mid Scotland and Fife MSP Claire Baker publicly called for the Scottish Government to step-up their efforts to help victims of rape.
She drew attention to figures that show only 12 per cent of reported rapes or attempted rapes proceeded to court in 2015/16.
Stirling footballer David Goodwillie and former team mate David Robertson were last week ordered to pay £100,000 damages to a woman who accused them of raping her – despite prosecutors earlier deciding not to bring criminal charges against the duo.
Mother-of-one Denise Claire, who was left “devastated”by the Crown decision, claimed they raped her at a flat in Armadale, West Lothian, following a night out in nearby Bathgate in 2011.
The 30-year-old says she could not remember what had happened between the time she was in a bar and when she woke up naked and in pain the following morning – and was incapable of giving free agreement to sex because of her alcohol consumption.
However, Goodwillie, who now plays for Plymouth Argyle, and Robertson, who this week retired from football, claimed that intercourse had been consensual.
Ms Baker MSP, who is Scottish Labour’s justice spokesperson, says the landmark civil case, which saw the men ordered to pay a six-figure sum in compensation, could have serious consequences for the Scottish legal system.
She said:“Eighty-eight per cent of reported rapes failing to make it to court is a high statistic that should raise serious questions about how our justice system deals with such a heinous crime.
“Following the outcome of the landmark civil case there are now suggestions that more rape victims will take their actions to a civil court as they feel let down by the current criminal court system. However, such a shift will raise concerns over the lack of key protections such as anonymity, which are available in criminal but not civil cases, and the fact that rape should be treated as a criminal matter.
“The decision taken this week raises serious consequences for the Scottish legal system and it is clear that the Scottish Government and the Crown Office must reflect on its wider implications.”
Figures released by the Scottish Government last week show that 216 cases of rape and attempted rape proceeded to court despite 1809 being recorded in 2015/16. However, the numbers also showed that the number of convictions for sexual crimes was 1156 – following four consecutive annual rises – with convictions now 53 per cent higher than in 2010/11.
While Mr Crawford MSP said he wouldn’t be commenting on any individual cases he spoke about a“duty”to make sure victims of such crimes feel they can come forward and those responsible are punished appropriately.
He said:“In the statistics that the Scottish Government published last week, it showed that the number of convictions for sexual crimes and domestic abuse remains high.
“It is good to see that more people are being convicted of sexual offences and that the average length of sentences for rape and attempted rape has increased by eight per cent since last year.
“All of us have a duty to make sure that there is a system in place whereby victims feel that they can come forward and in which, when they come forward, those who are guilty are brought to account and given appropriate sentences.”