A HISTORIC decision by eight Scottish judges is expected to result in more rape cases going to court.
Judges have overturned an 87-year-old rule which limited what could be done with statements made by an alleged victim shortly after an alleged crime.
It will mean that more cases will be prosecuted, possibly resulting in more convictions, although it is unclear as of yet how big the impact will be.
The Lord Advocate Dorothy Bain KC (below) asked for the change after two sexual offence trials last year ended in acquittals.
Sandy Brindley, chief executive of Rape Crisis Scotland, said: "This is a landmark judgement that has the potential to significantly improve access to justice for rape survivors.”
Scotland’s criminal law involves corroboration, which requires evidence from at least two sources to prove the essential facts of a case.
Campaigners have long claimed it is an obstacle to justice because it prevents many allegations from reaching court.
READ MORE: Fewer than a quarter of rape cases end up in conviction in Scotland
Supporters of corroboration argue it is an important safeguard against wrongful convictions.
The rule which has been overturned dated from the 1930s and limited what could be done with statements made by an alleged victim.
It followed a successful appeal by a man called Henry Morton, who had been convicted of indecently assaulting a woman in Glasgow in 1936.
The judges who heard the Morton case ruled that a victim’s statement made immediately after the alleged crime could only be used to show they had always been consistent in their account of what had happened.
At a hearing in June, Bain argued such that statements should be allowed to corroborate other evidence that the crime had taken place and that the accused was the perpetrator.
Eight out of the nine judges who considered the case agreed with her.
Overturning the ruling should mean more cases will reach the required legal threshold to go to court, although juries will still have to be convinced beyond reasonable doubt of the accused's guilt.
READ MORE: Views sought on first ever sentencing guidelines for rape offences in Scotland
The quality of the evidence in a case will not be affected but prosecutors will be able to do more with what they have.
The Lord Advocate has often spoken of her desire to improve the legal system for victims of sexual crime.
The majority of rape cases reported to police do not result in prosecutions and of those that do, the conviction rate is significantly lower than for other offences.
For example, in 2022/23, 2529 rapes and attempted rapes were recorded by Police Scotland.
That same year, 372 rape and attempted rape cases reached the courts. The conviction rate was 48%, compared to more than 80% for all crimes.
Speaking earlier this year, National columnist Andrew Tickell (above) said overturning the Morton rule would in effect mean the end of corroboration as we have known it for close to a century.
Tickell, a law lecturer at Glasgow Caledonian University, said the evidence from a single witness could be used to corroborate far more of the case.
Writing in The National in June, Tickell said if Bain’s request was successful, “it will be one of the most radical changes Scots law has seen in decades”.
Why are you making commenting on The National only available to subscribers?
We know there are thousands of National readers who want to debate, argue and go back and forth in the comments section of our stories. We’ve got the most informed readers in Scotland, asking each other the big questions about the future of our country.
Unfortunately, though, these important debates are being spoiled by a vocal minority of trolls who aren’t really interested in the issues, try to derail the conversations, register under fake names, and post vile abuse.
So that’s why we’ve decided to make the ability to comment only available to our paying subscribers. That way, all the trolls who post abuse on our website will have to pay if they want to join the debate – and risk a permanent ban from the account that they subscribe with.
The conversation will go back to what it should be about – people who care passionately about the issues, but disagree constructively on what we should do about them. Let’s get that debate started!
Callum Baird, Editor of The National
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereLast Updated:
Report this comment Cancel