Victims will only rarely be forced to testify

“Our policy is to not compel rape complainers to testify”

Warrants will only be sought for rape victims who refuse to give evidence in court in “the most exceptional of circumstances”, the Solicitor general has said.

Alison Di Rollo said that while the Crown Office could not rule out the possibility that a witness warrant may be required, such a situation has not arisen in her 10 years of prosecuting rape cases in the High Court.

Scotland’s second most senior law officer was responding to questions from MSPs over new guidance on how the Crown Office deals with reluctant complainers in cases of rape and other sexual offences.

The guidance means complainers who try to withdraw from cases may be compelled to testify where prosecution is deemed to be in the public interest.

Rape Crisis Scotland has criticised the move, saying that issuing warrants for the arrest of victims would reduce confidence in the system.

However Ms Di Rollo insisted “the complainer’s views, her interests and her welfare are at the heart of the Crown’s prosecution policy”.

She told MSPs that she and the lord advocate met Rape Crisis Scotland representatives last week.

“We have committed to work with them to provide reassurance in relation to how the policy will work in practice, and ensure that victims can be given accurate information in that regard,” she said. “We confirmed that the focus of the Crown’s revised policy is not compelling rape complainers to testify.

“The focus is to ensure that the burden of prosecutorial decisionmaking lies properly with the Crown.”