Alleged victims of sexual offences will be given greater protection in future if proposed legislation is passed by the Scottish parliament.
The Sexual Offences (Procedures and Evidence) (Scotland) Bill proposes that defendants are prevented from cross-examining their alleged victims. This is the most contentious aspect of the bill, which was brought forward after several high profile cases.
This proposal has been challenged on the grounds of contravening the European Convention of Human Rights to which all of Scotland’s legislation must adhere. Introducing the bill, deputy justice minister Iain Gray said: "The single most important aim of the bill is to reduce the ‘fear factor’ that alienates victims of sexual crimes from our criminal justice system."
The bill will require that any defence of compliance must be notified before the trial. Also, references within court to the alleged victim’s character and previous sexual behaviour will be limited. Victim Support Scotland is to receive additional funding to roll out volunteer witness support schemes across Scotland.
The bill received unanimous cross-party support at its stage 1 debate.
Prejudice still at large in our courts
03 October 2002
Care worker to take claim to Europe
08 August 2002
Wiltshire offender wins review
26 July 2001
Iceland banking crisis: the impact on social care
Adult care complaints system needs to improve, finds NAO
Details of government consultations
02 October 2008
Private Member Bills
25 July 2008
Government Legislation
25 July 2008