LAWS aimed at tackling abusive behaviour and sexual harm have been hailed as a “significant” step forward.
The new laws, which come into force today, include a requirement for judges to direct juries in trials relating to certain sexual offences.
The move is designed to challenge any preconceived ideas that jurors may have about how a person “should” react when they are the victim of a sexual offence.
The Abusive Behaviour and Sexual Harm (Scotland) Act 2016 also introduces three other measures designed to improve the justice system’s response to these types of crime.
These include an extension of the law concerning certain sexual offences committed against children to allow for prosecution in Scottish courts of offences committed elsewhere in the UK. This is aimed at reducing trauma for victims facing more than one trial and ensuring that no-one can escape justice if there is doubt around exactly where an offence was committed.
The Act extends the power to protect victims from further harassment by allowing a criminal non-harassment order to be imposed in a wider range of circumstances. It includes the introduction of a new statutory aggravation which means courts are required to take into account whether or not an offence involved abuse of a partner or ex-partner, making domestic abuse a factor in sentencing.
With regard to certain sexual offence trials it is now mandatory for judges to give information to guide juries, specifically where there was a delay in the victim reporting the alleged offence, and where there is evidence of the victim not putting up physical resistance or the perpetrator not using physical force during the assault.
The new rule was welcomed by Rape Crisis Scotland.
“Survivors often tell us that during a rape they froze and were unable to fight back or scream,” said Rape Crisis Scotland coordinator, Sandy Brindley. “This is a completely natural and common reaction, but not always one that members of the public will necessarily be aware of.
“We welcome the introduction of jury directions in rape cases as a significant step forward. Providing jury members with factual information on different reactions to rape should help to ensure that verdicts in sexual offence cases are based on the evidence presented, rather than being influenced by assumptions about how rape victims should react.”
Justice Secretary Michael Matheson added: “Abusive behaviour and sexual harm will not be tolerated in Scotland. Tackling these crimes requires a bold response and speedy and effective enforcement which is why we have introduced new laws to improve the way our justice system responds.
“By continuing to modernise the law we can support victims in accessing justice and ensure perpetrators are properly held to account for their actions.
“As victims of sexual offences have increasing confidence in reporting to the police this new requirement for judges to direct juries will make a real difference.”
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