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Scottish government delays rape law reform

Plan to ditch corroboration requirement held off for at least a year

Campaigners against sexual violence received a setback yesterday after Scottish ministers decided to delay abolishing archaic legal rules that hamper prosecutions.

SNP Justice Secretary Kenny MacAskill won plaudits from feminist organisations across Scotland last year when he announced plans to abolish the centuries-old legal policy.

A unique feature of Scottish law, it requires at least two witnesses or pieces of evidence to bring a prosecution.

But organisations combating violence against women claim the law amounts to a free pass for perpetrators of rape and domestic violence, which often take place without witnesses.

Between 2012 and 2013, police in Scotland filed reports of 1,372 rapes and 90 attempted rapes — yet only 138 cases proceeded to prosecution in the same period. Accepted estimates by law enforcement of false allegations in Britain range between 0.6 and 3 per cent.

Mr MacAskill’s Bill passed its first reading in February and was expected to pass into law by June.

Campaigners for reform were left reeling yesterday after the justice secretary told MSPs he would now postpone the decision until next April in response to staunch opposition from Scotland’s Law Society, which has argued that abolition could lead to wrongful convictions.

Mr MacAskill insisted he remained “firmly committed” to the decision, “which, as I have said time and again, is a barrier to justice for too many victims of crimes which are committed behind closed doors, such as rape and domestic abuse.”

But he would first give time for former high court judge Lord Bonomy to review the legislation and consider other measures to prevent wrongful convictions, he said.

Rape Crisis Scotland’s Eileen Maitland said her organisation welcomed the Scottish government’s ongoing commitment to removing the requirement for corroboration.

“As members of Lord Bonomy’s reference group, we look forward to contributing to the development of a system which will offer improved access to justice for everyone in Scotland,” she said.

The Law Society of Scotland’s Ian Cruickshank, who convenes the society’s criminal law committee, meanwhile hailed the stay as “very good news.

“The Scottish government is to be commended for listening and responding positively to the many groups, including the Law Society, which has expressed such concern over the approach which was being taken,” he said.

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