Giving Evidence In Court As Much A Trauma As Sexual Abuse Itself

T IS 14 and lives with her father, a chronic alcoholic. She was sexually abused by one of his friends, who raped her soon after her 12th birthday in 2003. This was reported to the police and social workers, leading to the man’s conviction. Her friend, M, was present during the ordeal and had been sexually abused in front of T, and therefore there was corroboration on the girls’ statements.

Citations were finally issued in March, 2005. The accused and his family had been threatening T from early 2004, and although the procurator-fiscal’s office was notified, no action was taken.

There was no support in place for M, who has learning difficulties, and she was eventually supported by the Moira Anderson Foundation.

The accused did not turn up for his trial and, although a warrant was issued, he was not arrested for some months and he continued to threaten the girls. The case was finally heard at the High Court in Edinburgh in October 2005.

The cross-examination was brutal and T broke down on several occasions. When she struggled to read parts of her statement, it was suggested by the defence that she had concocted the story. No objections were made. M, who is deaf, and relies heavily on lip-reading, also found cross-examination traumatic as the defence advocate repeatedly turned her back on her.

Both girls said they would never have reported the crime had they known what was required of them in court.

The accused was found guilty and sentenced to eight years.