Call for rape victims to receive legal representation

Victims of rape and sexual assault should be given legal representation to support them through the court process, a Scottish Labour MSP has said.

Katy Clark said many found the experience retraumatising.

In many other countries, victims are offered legal aid support to help them through the court process.

The Scottish government said it was committed to improving rape and sexual assault survivors' experiences of the justice system.

Ms Clark has lodged a motion at the Scottish Parliament calling for action.

She argues that there should be non means-tested legal support available from the initial stages of the process for victims of rape, attempted rape and other serious sexual offences.

The MSP said there was a low conviction rate in rape cases and that victims found the process very difficult.

She said many women found the experience retraumatising and would not encourage others to go through it.

"We need to make sure that victims have the access they need and the support they need and I believe that includes legal representation," she said.

Miss M won a landmark civil action in 2018 against a man who raped her at St Andrews University in 2013, after an earlier criminal trial ended in a not proven verdict.

She told BBC Scotland that during her civil court case she had a legal team who explained the process every step of the way.

But in the criminal prosecution, she felt like a pawn in the game.

"I wasn't a victim, I wasn't a complainer, I was a witness," she said.

"Sometimes witnesses who were my friends had information before I did.

"The way I felt I was treated I would not wish on my worst enemy."

The woman, who is called Miss M to protect her identity, said: "I was an emotional wreck that had to be taken out of the court room on several occasions because I could not cope with the system."

She said the experience of having a lawyer for the civil case showed her how much better it was to have someone to offer legal advice and support throughout the process.

Sandy Brindley, from Rape Crisis Scotland, said most people did not realise that someone who reports a rape did not have a lawyer acting for them.

"The Crown is acting in the public interest," she said.

"I think there is something about rape cases where the complainer can feel so under scrutiny and at times under attack.

"Having access to their own legal representation could make a huge difference and transform people's experience of the justice system."

The president of the Faculty of Advocates Criminal Bar Association, Tony Lenehan, said they were very much in favour of the reform as it would have three benefits.

"It will better inform often very vulnerable people about the court process and why things are done as they are," he said.

"It will work to reduce any intimidation they feel by giving them access to a dedicated professional advisor throughout proceedings, improving the delivery of their best evidence.

"And it should increase their satisfaction with the outcome of the trial process because with improved access to accurate information comes more reliable expectations."

A spokeswoman for the Crown Office and Procurator Fiscal Service said it was committed to playing its part in improving the experiences of women in rape cases but legislative change was a matter for the Scottish government.

A Scottish Government spokesman said changes to improve the experience of women and girls in the justice system were under consideration.

"We have taken steps to ensure the rights of complainers are protected, including providing non-means tested legal aid for complainers whose sensitive records may be disclosed in criminal proceedings," he said.