The Investigation: Rape crimes
On today's Morning Extra Investigation, we examine the question of
why Scotland's rape conviction rate is so low? Will changes in laws and investigation methods, brought in over the last 3 years, make any
positive difference?
Our programme hears from victims: 'Sarah' who was raped in the 1990s,
who gave evidence, yet didn't see her attacker jailed; Jeane Dearie, a
former Special Constable, who was violently raped by a fellow cop Adam
Carruthers, and who finally saw him sentenced - but not before
considering suicide herself; and Linda Armstrong, mother of rape victim
Lyndsey Armstrong, who was raped on 7th sept (8 years ago today) 2001
by a fellow teenager in new Cumnock. He was later sentenced but
tragically Lyndsey killed herself 3 weeks after a trial which saw her
being asked to hold up her underwear in court.
We also talk to Prof Fiona Raiit, from Dundee University, and ask why
the new Sexual Offences Act, passed this summer and coming into effect
from Jan 2010, was needed and what impact it will have? We hear from
solicitor/advocate John Scott, who has defended many clients accused of
rape, and hear his thoughts on whether such a law was needed (he
doesn't think so) and his response to key changes it ushers in.
These changes include:
- Definition of rape (this is widened: not just about a penis entering
a vagina and involving a man and woman; now men are included and rape
can also mean insertion of foreign objects etc; and it can mean
insertion of penis into other orifices etc).
- Consent is changed: It used be left to a judge and lawyers to
explain what it meant: now it's written in law as 'free agreement'.
- For a rape, or other sexual offence to be committed, consent must
exist and the person accused of committing the offence, must have
'reasonable belief' that they had such consent if they are denying the
rape/offence occured.
Corroboration is required in Scotland - and this remains a possible
roadblock to higher conviction rates.
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