Scotland’s justice system is failing rape victims. The conviction rate for rape in Scotland stands at three per cent of all rapes reported to the police; seven out of every ten victims are questioned on their sexual character and history in court and only last year did the Scottish parliament pass long overdue legislation defining rape and consent in statute.
Rape is the ultimate objectification of a woman; it not only devastates the lives of victims and their families but also inspires fear in our communities. The fact, then, that the conviction rate in Scotland is so low is truly shocking, and even more so when considered with the fact that large numbers of rapes go unreported. Such an appalling conviction rate sends out all the wrong messages to the perpetrators of rape and to society more generally – that rape is something that is not taken seriously.
The low conviction rate is a huge stumbling block in a woman’s decision to report a rape. However, if she does decide to report it the treatment she can expect to face at the hands of police and the courts is described as being as traumatic an experience as the rape itself. Giving evidence and then facing cross examination leave victims feeling like they have been ‘raped again’. It is too often the case that the victim is on trial as much as the defendant; it is the victim who is almost guaranteed to be questioned about her sexual history and it is the victim’s behaviour pre- and post- rape that is scrutinised most closely.
In 2002 the Labour-led Scottish executive passed legislation with the aim of restricting the extent to which evidence can be led regarding the sexual history and character of the victim. Unfortunately, legal practice has weakened the objective of the legislation and the well-intentioned reform has not only not had the anticipated effect but could be said to have moved in the opposite direction.
This is a worrying development. Being questioned on their sexual history and character is one of the factors many rape victims consider when deciding whether to report rape to the police. If it becomes the case that almost every rape victim will be questioned on her sexual history then this will be a deterrent to victims reporting rape. The effect of such evidence also has other worrying consequences such as the secondary victimisation experienced by the victim and the prejudicial effect it has on the jury – the admission of such evidence allows the defence to feed into cultural assumptions and myths around women and sex.
Sadly, part of the problem is that such evidence is seen as relevant by the prosecution, the defence and the judiciary. The fact that such clear legislation has had the opposite effect highlights the attitudes and the male dominance of the legal profession and the judiciary in Scotland. It highlights that their views are poles apart from those Labour politicians who put the legislation on the statute book. The way the rules are working in practice mean that they are, effectively, denying rape victims the protection and redress which victims of other crimes can expect to receive from the criminal justice system.
Labour in the Scottish parliament has a strong record of standing up for victims of crime and now is the time – in the run up to the elections next year – for Scottish Labour to develop concrete policies and reforms, which, if elected, will make a real difference to the conviction rate and the way rape victims are treated in court. Warm words will simply not be enough. Urgent action must be taken to ensure that Scotland’s justice system does not continue to fail rape victims.