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Scotland’s senior law officer has confirmed that statutory protections for alleged victims who provide testimony in sexual offence cases remain unchanged despite a recent Supreme Court decision. The ruling, issued last week by a panel of five judges, directed courts to alter how they consider evidence concerning an accuser’s character or sexual history. This development prompted concerns from organisations such as Rape Crisis Scotland, with its chief executive, Sandy Brindley, warning that the changes might discourage women from coming forward to report such crimes. However, Lord Advocate Dorothy Bain KC reassured the public that survivor safeguards continue to be firmly upheld.
Lord Advocate Bain emphasized that the ruling highlighted the necessity for any intrusion into a complainant’s privacy to be strictly limited to what is essential in guaranteeing a fair trial for the accused. She described sexual abuse inflicted on women and children as “the single greatest challenge our justice system faces” and stressed that accountability lies solely with the perpetrators. She expressed the importance of victims feeling safe and supported in speaking out without additional fear, stating, “We will continue to balance the fair handling of every case and the protection of victims, in accordance with the evidence, the law and the public interest.”
Further underlining this commitment, Ms Bain affirmed that measures protecting the dignity, privacy, and wellbeing of victims remain intact throughout the criminal justice process. She pledged that everyone working under her authority in prosecuting sexual abuse and violence will uphold these safeguards rigorously so that victims can provide their strongest evidence. “All of us working within criminal justice share a responsibility and a determination to ensure the rights of all involved are protected,” she added.
On the other hand, Sandy Brindley expressed the worries felt by survivors in light of the ruling. Speaking on BBC Radio’s Good Morning Scotland programme, she referenced numerous survivors contacting Rape Crisis Scotland who are anxious over potential appeals. Brindley described the anguish caused by the prospect of offenders seeking to challenge convictions, saying many survivors have endured prolonged legal processes and only recently found relief with their perpetrators imprisoned. She noted that fear of exposure of personal sexual history in court is a significant deterrent to reporting rape. “It absolutely is a deterrent to people coming forward,” she explained, recognizing the importance of the Lord Advocate’s clarity on how the Crown will approach these cases to help reassure and protect survivors’ rights.
Meanwhile, Katrina Parkes, legal director at the Crown Office and Procurator Fiscal Service (COPFS), provided reassurance to victims by affirming her office’s swift response to recent legal developments. She confirmed that guidance and training have already been rolled out within COPFS to support caseworkers in adapting to the ruling. Parkes clarified that the court decision does not automatically jeopardize existing convictions and any appeals will be carefully reviewed on an individual basis through established procedures. She reiterated that prosecutors are continuously monitoring the impact of the judgment and will update stakeholders as necessary, affirming their commitment to maintaining a fair and compassionate justice system.
The Supreme Court’s ruling arose from the appeals of two men, David Daly and Andrew Keir, convicted of rape. While the court dismissed their appeals, determining that both had received fair trials, it ordered Scottish courts to revise procedures regarding admission of evidence related to a complainant’s character and sexual history to align with human rights standards outlined in Article 6 of the European Convention on Human Rights. This decision may trigger appeals for cases dating as far back as 2017, although it remains uncertain how many cases will be affected or succeed on appeal. The Law Society of Scotland welcomed the ruling, but Rape Crisis Scotland described it as “a real step backwards,” reflecting ongoing tensions surrounding the balance between fair trials and victim protections in sexual offence cases
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