CAMPAIGNERS have called for a “radical” reform of the way sexual crimes are prosecuted after victims told the service’s inspectors the current process was “degrading” and “worse than being raped”.
Rape Crisis Scotland said the findings of the Inspectorate of Prosecution in Scotland were unacceptable, highlighting the accounts of survivors who described the experience as “traumatic” even when convictions were secured.
The Crown Office and Procurator Fiscal Service (COPFS) said it was working with the charity to make further improvements.
The inspectorate reviewed cases of High Court sexual crimes against a backdrop of an increase in the reporting of such offences, but also a high rate of cases dropping out of the criminal justice system and a low conviction rate, particularly for rape and attempted rape.
Its work included focus groups with 16 victims of sexual crimes who had personal experience of the prosecution service and the criminal justice system.
The process was described by one participant as “alien” while another commented “you need a law degree to understand what was going on”.
Others recalled a lack of information, with one saying: “Your life is on hold, simply waiting for a phone call”; while another said: “I generally heard nothing from month to month.”
Those who gave evidence said they were not adequately prepared for the experience, with victims describing it as “the most degrading and terrifying thing” and “absolutely horrendous – it was worse than being raped”.
The inspectorate’s report concluded the high number of victims who disengage “infers that more could be done by the criminal justice system, in which COPFS is arguably the key organisation, to provide the necessary information and support to victims”.
It also highlighted a low conviction rate for rape, pointing out that while the conviction rape in 2015/16 for all sexual crimes was 72 per cent, it was just 48 per cent for rape and attempted rape.
The report made 12 recommendations for the COPFS, including increasing the standard and frequency of contact with victims, simplifying the language used in communications and ensuring a dedicated advice officer is allocated to each case.
“What women are telling us is that their experience of the justice process, and particularly of giving evidence in court, is so traumatic that even in cases where there is a conviction, the cost of getting justice was too high. This is in no way acceptable,” said Sandy Brindley, of Rape Crisis Scotland.
“There are many dedicated staff working within COPFS who are committed to providing a high quality service to victims and witnesses. It remains the case, however, that the system overall is re-traumatising rape complainers to an unacceptable degree. If we are to improve confidence in Scottish justice responses to rape then it is time to stop tinkering around the edges and commit to radical changes.”
A COPFS spokesman said the service was dealing with a significant increase in the number of sexual offences cases, which now account for 75 per cent of High Court work, and reform was under way, adding many of the cases examined date from a time before the implementation of its new victim strategy introduced earlier this year.
“There is more work to be done to ensure every victim feels supported through the justice process – particularly children and vulnerable witnesses,” he said. “COPFS is working with partners including Rape Crisis to make further improvements.” he said.
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