Originally Posted by The Scotsman

Why rapists love our courts
MICHAEL HOWIE AND ANGIE BROWN

Key Points
• Less chance of conviction for rape and sexual assault than most of Europe
• Radical measures are needed to address crisis of confidence in system
• Up to 4000 rapes believed to go unreported in Scotland each year

Key quote: "Women who have reported a rape often find the legal process a horrendous experience. I know women who have told their friends and relatives, 'Don't even think about telling the police." Fiona Raitt, professor of law at Dundee University

EVERY day in Scotland an average of two women report being raped, yet there is less chance of their attackers being convicted than in almost any other country in western Europe.

At every point in the system - police, prosecutor, judge and jury - rape cases collapse more frequently than any other crime involving adult victims.

The situation is getting worse. Reported rapes have soared 300 per cent between 1977 and 2001. But the number of guilty verdicts has only gone up by one.

Legal experts, campaigners and victims say radical measures are needed to address a crisis of confidence in the system. With two reviews on rape and the law set to conclude next month, they are demanding root-and-branch reform.

The coalition is a broad one: it includes lawyers, rape counsellors, campaigners and victims. They point to cases where women have been humiliated in court, where rape charges have been reduced to sexual assault for ease of conviction and where men have walked free despite what looks like cast-iron evidence.

Their concerns were highlighted by a case in Wales where a judge told a jury to bring a not guilty verdict against a security guard accused of raping a student who admitted she was too drunk to recall whether she had consented to sex.

The solutions they propose are radical: independent lawyers to represent women during trials, legal advice and support while cases are proceeding, "one- stop shops" to deal with the victims of rape, and specialist courts.

Under Scotland's current justice system, the obstacles to justice for rape victims are all too apparent.

Some 743 rapes were reported by police in 2002-3 - but only 31 were proved in court, a rate of only 4.2 per cent; in the late 1970s, it was 20 per cent. Either 96 per cent of women are lying about their alleged ordeals or the system is failing badly.

With up to 4,000 rapes each year in Scotland believed to go unreported, it is not surprising that victims are put off coming forward by a system that comprehensively fails to secure justice.

Sandy Brindley, of Rape Crisis Scotland, said that at almost every step there was a lack of care for the victim. "A woman who is raped has to go to the police to get a forensic examination, and that is virtually never with a female doctor," she said.

"If they need emotional support, they have to seek support services themselves. If they need medical treatment, they have to access that themselves. There is no co-ordinated support for women when they report a sexual assault to the police. That is deterring many women from coming forward in the first place, and also perhaps explains why some victims drop cases after they have been reported."

Legal experts also claim prosecutors treat some rape cases as sexual assault, a lesser crime, because they believe it is the "best bet" for landing a conviction. That, they say, is especially true where victim and offender know each other. Fiona Raitt, professor of law at Dundee University and a former practising solicitor, said: "If prosecutors can get a plea to a lesser charge, it is likely they will feel that's a good move. They may feel it is worth saving women from the trauma of a trial at the expense of a rape conviction, even though that will mean a lesser sentence for the perpetrator."

The Crown Office admits there are exceptional challenges trying to secure rape convictions - but reject the notion they are actively contributing to the low conviction rate.

However, Prof Raitt said many women are discouraged from pursuing cases because of the length of time it can take to get the attacker before a jury. Victims are often left isolated, with no-one giving them advice, support or even basic information on how the case is progressing.

"Women who have reported a rape often find the legal process a horrendous experience. I know women who have told their friends and relatives, 'Don't even think about telling the police'.

"They know they have got months and months of waiting for the trial, which is never a happy experience for them. They will often come out of it feeling no-one believes them, that they were the ones on trial, that they did something wrong. There isn't a proper system of keeping women informed."

She said a Victim Information and Advice Scheme, which is run by the Crown Office, gave some support, but said that was limited. Such a move has also been partially introduced in Ireland in an attempt to drive up a conviction rate that is even lower than Scotland's, at around 1 per cent. It is also a cornerstone of court proceedings in several other countries, including Germany, Belgium and Denmark, which have far higher conviction rates.

Prof Raitt explained: "This is an avenue that I think is worth pursuing with a lot more vigour in Scotland.

"An independent legal representative for the complainer could act as a protector, intervening where the defence wish to pursue a particular line of questioning, such as bringing up the woman's sexual history, which may be inadmissible."

The Sexual Offences Act 2002 obliges defence lawyers to seek permission from the judge before raising a complainer's sexual history, something campaigners say is frequently irrelevant and is simply designed to exploit public prejudices - reflected in an Amnesty survey that found a third of people believe a woman is partly responsible for being raped if she is flirtatious, drunk or dresses in a sexy manner.

The effectiveness of the 2002 Act is under review amid concern it is failing to provide enough protection to victims.

Prof Raitt said: "There is still a great deal of reluctance on the part of the Crown and even judges to intervene to prevent inappropriate questioning. They are worried that if they get it wrong, they will be hauled up in an appeal. Legislation has been an improvement but it still needs to be sorted out."

Rape Crisis Scotland and Zero Tolerance are also urging theExecutive to set up "one-stop shops" for rape victims, following England's lead where 12 Sexual Assault Referral Centres have been created.

The centres provide practical and emotional support for women after they have been attacked, enabling vital forensic evidence to be secured by a female doctor. The evidence can be stored, giving women the opportunity to consider whether to go to the police without pressure. Talks are taking place about setting up a pilot scheme in Glasgow.

The Scottish Law Commission was asked by the First Minister, Jack McConnell, last year to carry out a root-and- branch review of the law on rape, and is expected to report next month. The focus is thought to be the issue of consent, following recent rulings which Prof Raitt says created "widespread confusion".

Professor Liz Kelly, who has written a research paper for the Home Office on rape-case attrition rates - the rates at which cases fall out of the system - said the attitudes of police, prosecutors and judges needed to change.

"The criminal justice system is not just about the law, it's about people who operate the law and their attitudes. There is a responsibility on the administrators of justice to ensure those attitudes are not prejudiced against women who say they have been sexually attacked. That's not what is happening at the moment."

Linda Armstrong's daughter Lindsay committed suicide 13 days after her attacker was found guilty of rape in 2002. In court, the accused's lawyer held up the underwear she wore on the night of the attack to the jury. Mrs Armstrong, 43, of New Cumnock, Ayrshire, said it was "ridiculous" that only 4 per cent of men charged with rape were being found guilty. "It is a disgusting statistic as it says that 96 per cent of woman who claim they were raped are lying," she said.

"There need to be specialist rape courts, as the degrading stuff has become a game for lawyers in the court.

"If the victim wasn't hurt then the jury just thinks the man should be let off, when it is the mental pain which they can't see which remains with the victim.

"My daughter, who was 16 at the time, cried every night after the attack, couldn't sleep and lost a lot of weight.

"I can still clearly remember when she came back crying and shaking and saying he had dragged her into a dark part of the nearby park. The system must be changed. As it stands it is a joke."

Lee Bell, 18, served two years of a four- year sentence for the attack in 2001.