New calls for rape law re-think

John Anderson has conducted how own defence twice

Demand is increasing for people accused of rape in Scotland to be prevented from questioning their alleged victims during trials.

The debate has intensified after father-of-four John Anderson, 48, walked free from the High Court in Perth, after a case in which he conducted his own defence and quizzed two alleged victims.

A jury found him not guilty of raping a woman and decided that the charge of raping her 13-year-old daughter was not proven.

It later emerged that the former building site security guard successfully defended himself in March last year on charges of raping three women.

During that trial at the High Court in Glasgow, Anderson also questioned his alleged victims.

Justice is not being served at the present time and government's words have got to turn into government action

Phil Gallie, MSP

Outside court on Thursday, Mr Anderson said: "I didn't want to defend myself but I was denied access to counsel."

He said he believed the law should be changed, but that he had not felt bad about cross-examining the girl and her mother because he knew them well.

"It was not as if they were strangers to me, and I didn't go into any details of anything sexual or anything like that.

"I think if I had counsel or had access to counsel it would have been a lot easier all round."

'Suicide attempt'

The girl's father said: "My daughter has tried to commit suicide just a week ago and was brought to court from hospital.

"She has told the truth from the start and I just don't know what effect this is going to have on her in the long term.

"I want to get the law changed so nobody else can get to question their victim like that. The law is an ass for letting him do that."

The justice committee has taken evidence on the issue

The Scottish Conservatives' justice spokesman, Phil Gallie MSP, said: "Ways must be found of protecting witnesses because obviously justice is not being served at the present time and government's words have got to turn into government action."

Before the Anderson case in Perth, Deputy Justice Minister, Angus MacKay, instructed the Scottish Executive's lawyers to find a way of preventing the cross-examination of rape victims by their alleged attacker.

Legal experts and human rights campaigners have warned that any change would have to take human rights legislation into account.

Committee debate

However, women's groups said the pressure for change was greater than ever and they have been pushing the Scottish Parliament's justice committee to come up with a solution.

Earlier this week, the justice committee heard evidence on the issue. The convener, Roseanna Cunningham MSP, said the case highlighted the difficulties involved in changing the law.

She also pointed out that there was a wider issue of how difficult it was to secure a conviction in rape cases - most end in acquittal.

Gordon Jackson, a leading QC who is also a Labour MSP and a member of the justice committee, has said he is against a blanket ban on cross-examination by the accused.

He said that video links could provide a solution.

Victim Support Scotland spokeswoman Alison Paterson said the current system only prolonged the agony for rape victims.