Chief prosecutor reassures victims of sex abuse after Supreme Court judgment

Scotland’s chief prosecutor has said that victims of sexual offences would not have their privacy intruded on unnecessarily, after a Supreme Court judgment.

Lord Advocate Dorothy Bain KC said that sex abuse of women and children was “the single greatest challenge our justice system faces”, after five judges at the UK’s highest court ruled on Tuesday that the approach taken by courts in Scotland, by restricting questions on a victim’s history, “risks depriving a defendant of their right to a fair trial”.

The appellants, David Daly and Andrew Keir, were both convicted of rape and other sexual offences and appealed, asking the Supreme Court to decide whether they received a fair trial, as required by Article 6 of the European Convention on Human Rights.

On Tuesday, both appeals were dismissed and the Supreme Court found “on the facts, both Mr Daly and Mr Keir received a fair trial”.

However, it found the Scottish courts “should modify their current approach to the admission of evidence in trials for sexual offences because it is liable to infringe defendants’ rights under Article 6 of the convention”.

In a bid to reassure survivors of sexual abuse, Ms Bain said that “safeguards remain firmly in place to protect the dignity, privacy, and wellbeing of victims”.

On Sunday, the mother of a teenage rape victim who was forced to hold up a thong in court and read the words Little Devil to a jury, and who took her own life, condemned the judgment.

Lindsay Armstrong, 17, died by suicide in July 2002, weeks after giving evidence against a 15-year-old boy who had raped her and who was convicted, her mother said.

Linda Armstrong, 62, told the Sunday Mail: “Lindsay had to hold up the underwear she was wearing three times and had to tell the court they said Little Devil on the front.

“What they were trying to suggest was that she had been asking to be raped. She was being asked to defend her choice of clothing and underwear.”

She added: “They took a young, vulnerable, scared 17-year-old girl and they broke her. It was later proved that Lindsay was a virgin before the attack.”

Ms Bain said prosecutors would “uphold these safeguards robustly so that women and children feel able to give the best evidence they can”.

Ms Bain said: “I understand sexual abuse inflicted upon women and children to be the single greatest challenge our justice system faces.

“The blame lies with those responsible for the perpetration of such brutality. It is unacceptable and victims should feel able to speak out without further fear.

“We will continue to balance the fair handling of every case and the protection of victims, in accordance with the evidence, the law and the public interest.

“The Supreme Court ruling does not alter the statutory protections for those giving evidence.”

She added: “The Supreme Court emphasised that any intrusion into a complainer’s privacy must be no more than is necessary to ensure that the accused receives a fair trial.

“Every person working on my behalf in prosecuting the perpetrators of sexual abuse will uphold these safeguards robustly so that women and children feel able to give the best evidence they can.

“All of us working within criminal justice share a responsibility and a determination to ensure the rights of all involved are protected.”

Katrina Parkes, legal director with the Crown Office and Procurator Fiscal Service, said they were “responding swiftly to developments in case law”.

Ms Parkes added: “We will be continuously assessing the impact of this judgment upon our work and will be providing updates to those involved in ongoing cases as necessary.

“Access to a fair and humane justice system for all is a priority for all prosecutors, and we do our utmost to uphold these values at all times.”