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5 th North East Conference on Sexual Violence November 2011

5 th North East Conference on Sexual Violence November 2011. Independent Legal Representation delivering justice or just raising expectations? Fiona Raitt Dundee Law School. Delivering justice ILR and raised expectations.

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5 th North East Conference on Sexual Violence November 2011

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  1. 5th North East Conference on Sexual ViolenceNovember 2011 Independent Legal Representation delivering justice or just raising expectations? Fiona Raitt Dundee Law School

  2. Delivering justiceILR and raised expectations • Independent Legal Representation - its purpose, intention, merits and effect • The promise v the reality • Over-reaching in ambition in order to move one step forwards? • The conditions for productive change - preparing the ground

  3. A changing climate and emerging debates • 30 years of law reform • Impact of European Convention on HR • Seismic political shifts in civic society • Devolution, the feminising of parliament government + the Crown Office • Empowered third sector • Rise of the victims movement

  4. Barriers to delivery • Law and policy reforms trapped by path dependency • Apparent commitment to adversarial proceedings • Establishment complacency • Arrival of ILR as “agent provocateur” • Jolt to conventional thinking

  5. Political commitments • Ministerial support at Rape Crisis Scotland conferences 2008 + 2010 • MSP PQs and interventions on responses to rape • Dedicated funding and consultancy status for third sector • Endorsement of gendered definition of sexual violence and domestic abuse • Stakeholders meetings initiated by Scottish government

  6. Law reform and new dynamics • Sexual Offences (Sc) Act 2009 – more expansive definition of rape • Criminal Justice & Licensing (Sc) Act 2010 - new disclosure regime: Bill team meeting responsive • Positive critical media reaction to ILR debates and to publication of high attrition rates in rape cases

  7. Challenging public attitudes • Public attitudes: Amnesty Scottish survey affirms attachment to rape myths • Rape Crisis Scotland high profile campaigns: • This is not an invitation to rape me • Not Ever • Ten top tips to end rape

  8. Challenging juries Paul McBryde QC breaks rank: October 2011 “We have got 15 people deciding whether a person is guilty and we know nothing about them.....A lot of trials are conducted by police statements. If a member of the jury can’t read or speak English that’s a bit of a disadvantage....It is supposed to be a jury of peers but you tend to find that most are unemployed or retired because employed people often get out of jury duty. ...”

  9. Challenging the rules of evidence • Sexual history evidence reforms: Burman & Jamieson research: reforms blunted in practical effect • Disclosure of personal records : greater focus on credibility of rape complainants • The Carloway Review 2011 recommends abolishing corroboration: impact on rape cases uncertain • If no corroboration might there be even more focus on complainant?

  10. COPFS positive response to disclosure concerns • Disclosure Manual available online from 2008 • http://www.copfs.gov.uk/ and search “Disclosure Manual” • Full guidance on medical records [2011] • http://www.copfs.gov.uk/sites/default/files/Policy%20on%20Sensitive%20Personal%20Records%20Policy%20%20Web%20Version%20-%20Final%204%205%2011.pdf

  11. Tentative optimism • Renewed ministerial concern for better outcomes for those damaged by the criminal justice system • Shadows of ILR begin to enter the debates • Increased references to advocacy services, dignity and respect for victims and witnesses • Scottish Government manifesto commitment to forthcoming Victims Rights Bill • The potential of further devolution

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