Call To Overhaul Attitudes In Rape Cases

A “NEW era of enlightenment” is needed in the legal system’s response to rape cases, Scotland’s top law officer told MSPs yesterday.

The Lord Advocate, Elish Angiolini, spoke out as Holyrood debated a series of proposals put forward by legal chiefs to reform rape laws.

The Scottish Law Commission examined the issue in a bid to improve the country’s historically low levels of rape convictions.

Its report, published in December, called for a definition of consent in rape cases to be placed on the statue book. But it decided against dropping the need for corroborating evidence.

The Scottish Government is considering the proposals and will introduce a bill later this year.

Ms Angiolini explained the commission had examined the issue in the wake of concerns that the current law was unclear and that conviction rates in Scotland were “significantly lower” than in other countries.

The Lord Advocate said the country had “one of the most restrictive definitions of rape in the western world”.

But she told MSPs: “I am in no doubt the decisions of the courts in Scotland have set a clear vision of what the law on rape should seek to protect, and have signalled the need for a new era of enlightenment in the Scottish legal system’s response to rape.”

Ms Angiolini said there were a “multitude of sexually invasive and degrading acts perpetrated against women and men without their consent” which were not classed as rape under current laws.

And she said any debate on rape laws must look at the need for corroborating evidence.

She pointed out that such cases were difficult to prove, as rape “takes place in private, there are rarely any injuries and the complainer and accused in many circumstances will be intoxicated”.

Ms Angiolini told MSPs: “The rule requiring corroboration in Scotland sets a significant hurdle which the prosecution must overcome before even contemplating a prosecution.”

The Lord Advocate acknowledged that any change to the requirement for a second source of evidence to back up the alleged victim would be controversial.

But she added: “If we are serious about reforming the law in this area the question is at the heart of that debate.”

But the Lord Advocate also stressed the need for a change in attitudes towards the victims of rape.

Ms Angiolini said: “Sections of the community continue to blame complainers for the sexual crimes committed against them where they have acted in a flirtatious manner, worn revealing clothing or consumed alcohol. “For as long as society is prepared to blame the victim, we cannot begin to hope that it will blame the perpetrator, whatever the law may say.”

Pauline McNeill, Labour’s justice spokeswoman, also stressed the importance of changing attitudes to rape.

She said: “We know some juries are reluctant to convict in cases where there has been alcohol consumed by both parties, where a degree of intimacy is already established, and there are so many cases like this in our high courts.”

Bill Aitken, Tory justice spokesman, welcomed plans to widen the definition of rape. But he warned against tinkering with the demand for corroboration.