Claims alleged rape victims unaware of challenge rights

Bids by defence lawyers to look at medical records can be opposed

ALLEGED victims in rape and domestic abuse cases are not being told they can challenge moves to reveal their medical history in court – despite a landmark legal ruling earlier this year.

Just three applications for legal aid to argue against private records being used by defence lawyers have been made since a judgment was published in February giving complainers the right to the funding.

Campaigners are now calling for measures to be put in place to ensure women are aware of their rights to argue against the move, which support groups claim can increase the trauma of coming to court for victims and dissuade some from coming forward.

The ruling in February came after Scottish Ministers refused to grant legal aid to a woman in a domestic abuse case who did not want her records accessed.

She successfully appealed and the government has now put measures in place allowing all complainers access to state funding, but nothing has been formally introduced to tell them about it.

Sandy Brindley, national coordinator for Rape Crisis Scotland, said she believes more applications for legal aid would have been made in the last six months if more people were aware of their right to it.

“It’s all very well having a right to do something,” she said. “But if you are not told you have got that right then it’s meaningless.”

Government figures released earlier this year show that over a three-month period, between January 11, 2016, and April 11, 2016, a total of 57 applications were made to lead evidence relating to the character or medical history of an alleged victim.

Of these, a total of 48 were granted in full or in part and nine were refused.

The Crown, who prior to this ruling was the party able to object on behalf of the complainer, opposed six of the applications.

One victim, who was the first to challenge her records being revealed in court following the ruling, said it made the court process much more bearable.

She said that she was shocked to find out her attacker, who was later convicted of raping her, was seeking access to both her medical records and Women’s Aid file.

She later called Rape Crisis Scotland and a legal team was put in place to represent her in court.

The woman said: “I was so shocked to find out he was trying to get my medical records – it’s degrading. If I hadn’t found the number for Rape Crisis Scotland, I don’t know what I would have done. Rape Crisis arranged for an advocate to represent me at the hearing and the judge threw out his request for my records – she said it was a fishing expedition.”

Marsha Scott, chief executive of Scottish Women’s Aid, said: “There really needs to be clear accountability in the court system for letting women know of their rights.”

Currently, defence lawyers intimate to complainers their intention to seek access to records, but are under no obligation to tell them that they can argue against the move or get legal aid for a solicitor to do so.

The Scottish Government said they welcomed the ruling and had measures in place for complainers to receive legal aid, but it was not for them to instruct the courts on how to inform complainers.

‘‘ It’s all very well having a right to do something But if you are not told you have got that right then it’s meaningless