SCOTTISH GOVERNMENT CONSULTATION
THE SCOTTISH LAW COMMISSION REPORT ON RAPE AND OTHER SEXUAL OFFENCES
CABINET SECRETARY FOR JUSTICE'S FOREWORD
I welcome the publication of the Scottish Law Commission's Report and draft Bill on rape and other sexual offences. It is the result of detailed consideration not only of matters of legal principle, but of important issues of social policy, which has involved taking account of a wider range of perspectives.
It is clear that there is a need to reform the current law on rape and sexual offences. There has been considerable public, professional and academic concern that the current law on rape is unsatisfactory, unclear, and too narrowly drawn. Equally, many other aspects of the Scots law on sexual offences need modernising and require reform.
It is important that Scotland should have a robust and modern framework of laws in this area, fit for the 21st Century. Much of the current legislation derives from a time when attitudes were very different from those of contemporary society and it is no longer fit for purpose.
It is for this reason that the First Minister announced to Parliament on 5 September 2007 that the Scottish Government would introduce a Bill in 2008 to reform the law on rape and sexual offences, in light of the Scottish Law Commission's report.
Our goal is to build a safer and stronger Scotland with a clear legal framework which ensures that rapists and sex offenders are brought to justice and that victims have confidence in the Justice system. It is vital that nobody should be dissuaded from coming forward to report such crimes because they fear that the law is unclear.
It is equally important that we ensure that our laws of evidence are fit for purpose. The Scottish Law Commission reached the conclusion that these should not be considered solely in respect of sexual offences, but should be considered in respect of the criminal law as a whole. The Scottish Law Commission have now accepted a reference to consider: the admissibility of evidence of bad character; of similar fact evidence; and of the Moorov doctrine, and to make recommendations for reform.
We recognise that there are no simple answers in what is a complex and sensitive area of the law. We want to seek the widest possible range of views on the recommendations contained in the Scottish Law Commission's report before seeking to introduce legislation in Parliament. I will ensure that the issues raised in this consultation are given careful consideration before we bring forward legislation. I therefore encourage you to respond to this consultation and let us know your views.
Kenny MacAskill
Cabinet Secretary for Justice
December 2007