Plea for rape evidence rethink

The committee is being asked to back a shake-up

The Scottish Parliament has heard a plea to prevent men accused of rape from personally cross-examining their alleged victims.

The appeal came as the High Court in Perth continued to hear a trial in which a man accused of rape has questioned two of his alleged victims.

Victim Support Scotland told the parliament's justice committee that rape accused could be prevented from personal cross-examination - without affecting their right to a fair trial.

Alison Paterson: "Right should be withdrawn"

However, the group's plea was met with scepticism from one MSP and prominent QC, who raised concern over the prospect of a blanket ban.

Scottish Executive ministers have already expressed their willingness to change the current law, amid concerns about the welfare of rape victims facing their alleged attackers.

However, they have conceded that there could be problems in potentially interfering with the rights of the accused.

The justice committee meeting opened with a stern warning from committee chair and Scottish National Party MSP Roseanna Cunningham that there should be no reference to current cases.

Vulnerable witnesses

Alison Paterson, of Victim Support Scotland, said the time had come to change the law.

She told MSPs: "In rape and sexual assault trials and indeed in cases involving other very vulnerable witnesses the right of the accused to personally cross-examine should be withdrawn."

Deputy Justice Minister, Angus MacKay, has ordered Scottish Executive lawyers to seek a solution which stays within the European Convention of Human Rights.

Labour's Gordon Jackson: "Reservations"

However, Glasgow Govan MSP, Gordon Jackson, QC, said: "I have some personal difficulty with the idea that there can be an utter, 100%, blanket legislative provision which says 'in no circumstances can a man in this case defend himself'.

"I have a problem with a total prohibition like that."

The committee has also been looking at stalking and whether it should be dealt with as a separate offence rather than as a breach of the peace.

Some MSPs want to change the law but others have argued that it would be better to make the present system more effective.

BBC Scotland's political editor, Brian Taylor, said the committee was likely to take the latter course of action.

There may be moves to improve police training and to ensure judges have fuller details of past convictions and behaviour before sentencing.

Stalking might be registered as "aggravated breach of the peace".