New laws to help sexual abuse victims at trials
NEW laws are to be introduced into Scottish courts today aiming to help victims of sexual abuse when they go to trial.
Judges will be required to give special information to juries in certain sex offence trials to challenge pre-conceived ideas about victim’s reactions to crimes.
Cases involving a delay in reporting the crime, where there is no evidence of the victim resisting or where the attacker hasn’t used force will see juries given extra information by sheriffs.
As the Evening Times reported during a series of special investigations, rape victims said they often felt let down by the justice system when they had to go to trial and give evidence against their attackers.
The new measures are designed to challenge juries ideas on how rape victims respond to crimes, and has been welcomed by charities including Rape Crisis Scotland.
Sandy Brindley, co-ordinator for the organisation, said: “Survivors often tell us that during a rape they froze and were unable to fight back or scream.
“This is a completely natural and common reaction, but not always one that members of the public will necessarily be aware of. We welcome the introduction of jury directions in rape cases as a significant step forward.
“Providing jury members with factual information on different reactions to rape should help to ensure that verdicts in sexual offence cases are based on the evidence presented rather than being influenced by assumptions about how rape victims should react.”
The Abusive Behaviour and Sexual Harm (Scotland) Act 2016 also sees the introduction of a new statutory aggravation which means courts will be required to take into account whether or not an offence involved abuse of a partner or ex-partner.
Also included in the Act are extensions of the law around sex offences against children, allowing prosecutions to take place in Scottish courts for crimes which happened in other parts of the UK. It aims to reduce any trauma for victims who could otherwise face more than one trial.
Powers to protect victims from further harassment are also being extended by allowing a criminal non-harassment order to be imposed in a wider range of circumstances.
Justice Secretary Michael Matheson said: “Abusive behaviour and sexual harm will not be tolerated in Scotland.
“Tackling these crimes requires a bold response and speedy and effective enforcement, which is why we have introduced new laws to improve the way our j ustice system responds.
“By continuing to modernise the law we can support victims in accessing justice and ensure perpetrators are properly held to account for their actions.”