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Monday, 26 June, 2000, 14:43 GMT 15:43 UK
Rape trial action plan unveiled
John Anderson outside court
John Anderson was acquitted at the High Court in Perth
Plans have been unveiled for legislation to prevent alleged rape victims undergoing harrowing cross-examinations in Scotland's courts.

They follow the trial in which a 13-year-old girl and her mother were questioned directly by John Anderson, who was accused of raping them.

Justice Minister, Jim Wallace, outlined the Scottish Executive's proposals, part of a wider consultation into protecting vulnerable witnesses, when he addressed the Scottish Parliament's equal opportunities committee.

The action plan includes proposals to:

  • Prevent the accused in sex offence cases cross-examining the alleged victim in person.
  • Strengthen current provisions restricting cross-examination on sexual history.
  • Extend the special measures allowing vulnerable and intimidated witnesses to give evidence by other means.
  • Inform affected witnesses and victims about releases on bail.

Mr Wallace said: "The executive is totally committed to protecting the victims of crime.

"We also recognise the vital role played by victims and vulnerable witnesses in helping to convict serious criminals.

"It is essential that they can give their evidence without fear of intimidation and with any necessary support they require.

"This action plan sets out some of the measures we intend to meet these aims."

Jim Wallace
Jim Wallace: Reform commitment
Mr Wallace also reaffirmed the executive's commitment to preventing cross-examination in rape trials.

He said: "As well as preventing cross-examination by an accused in person, we intend to strengthen the current restrictions on cross-examination on sexual history and character.

"A number of options for both of these have been identified and discussions with interested parties will now be taking place in July with a view to producing legislative proposals by October.

"In addition to cross-examination in sex offence cases, we also intend to produce legislative proposals on extending special measures for giving evidence - such as closed circuit television or from behind screens - to other groups of vulnerable witnesses."

Trial ordeal

Victim's groups have been campaigning strongly for a change in the law.

Earlier this month, Sandy Brindley, from the Scottish Rape Crisis Network, told MSPs that many people working with rape victims had concerns about aggressive questioning of the woman making the allegation.

She said that many women described the experience as equivalent to being "raped a second time".

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See also:

13 Jun 00 | Scotland
'Stop rape trial ordeals'
09 Jun 00 | Scotland
New calls for rape law re-think
08 Jun 00 | Talking Point
Rape trials: Time for change?
07 Jun 00 | Scotland
Plea for rape evidence rethink
06 Jun 00 | Scotland
Rape accused questions 'victim'
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