Crackdown plea on rape trial torment
Lawyers call for legal aid to stop victims’ sex life being exposed
Rape victims should have the right to stop the accused exposing their sexual history in court, say top lawyers.
A man charged with raping a woman can apply to have her past revealed to a jury.
The judge then decides at a pre-trial hearing if that will be permitted.
Leading Scots lawyers Eamon Keane and Tony Convery are calling on the Scottish Government to allow victims to have their own solicitors present when the accused applies to divulge a victim’s sexual history.
In a report to be published next month, Covery – who worksfor a major Glasgow law firm – and Keane say that Scot land should copy the example of Ireland, where a victim gets legal aid for a lawyer to stop her sex life being revealed in court.
The controversial legal procedure involves defence lawyers being allowed to tell the jury about the victim’s sexual partners or what they were wearing at the time of the attack.
This can often happen when the victim is being cross examined in the witness box.
Keane, of Edinburgh Law School, said: “When there is a court application to challenge their sexual history we believe there is a case for the complainer also having legal representation.
“At present, the complainer is only represented by the Crown Of f ice, which can oppose the application to admit their sexual history.
“The complainer should not have to rely on the Crown Office to represent their best interests.
“They should be allowed to represent themselves.”
The use of a victim’s sexual history in court first came under f ire in 2002 when Lindsay Armstrong, 17, took her own life after giving evidence against the teenager convicted of her rape in New Cumnock, Ayrshire.
Her parents said the way she was humiliated in the witness box had been too much for her to bear. At one stage she was told to hold up the underwear she had been wearing when she was attacked.
Since then, special measures have been introduced, including barrier screens put up to protect witnesses and victims from the rest of the court. Keane added: “We spent five days in Ireland last year to research how they deal with the admission of sexual history evidence, in order to consider whether any improvements could be made to the procedure fol lowed in Scotland.
“We would also like to see the Scottish Government do more research about the use of sexual history in court and how much of it actually goes on.
“We know from research that complainers find this one of the most distressing aspects of having to give evidence.”
Lindsay’s mother Linda, 57, also welcomed their proposals.
She said: “The sexual history of v ict ims should not be brought up. It’s nothing to do with the case.They concentrated on the thong Lindsay wore but they didn’t mention that she had a pair of boots, jeans and a jacket on.”
Sandy Brindley, chief executive of Rape Crisis Scotland said: “The prospect of having their past dredged up in court can put people off reporting rape in the first place.
“The very least we need to do is make sure that rape complainers are notified of applications to introduce their sexual history and have the right to independent legal representation to oppose this.”
Kate Wallace, CEO of Victim Support Scotland, added: “We would welcome any initiative that strives to put victims first and provides them with the necessary support and representation in a way that suits their needs, free of charge.”
The Crown Office said: “There is a strict statutory test which limits the circumstances in which evidence relating to the character or sexual history of a complainer in sexual offence cases can be used in court.”
A complainer should be allowed to represent themselves