Home | Press | Publications | What We Do | Who We Are | Search | Site Map | Contacts | Links
Consultations

Your Views Consultations Justice

< Previous | Contents | Next >

REDRESSING THE BALANCE
Cross-Examination in Rape and Sexual Offence Trials
A Pre-Legislative Consultation Document

FOREWORD BY THE MINISTER FOR JUSTICE

The Scottish Executive is fully committed to supporting the victims of crime and to a criminal justice system in which victims are treated with respect and sensitivity and where their voices are heard. All victims of crime suffer distress and we especially recognise the great distress that victims of rape and other sexual crimes experience as a result of the offence. Regrettably, sometimes the victim’s involvement in the criminal justice process seems simply to compound that distress.

We believe that some of the ways in which the current system can operate are unacceptable and need to be changed. We believe that it is unacceptable that victims of rape or other sexual crimes should be able to be cross-examined personally by those who are alleged to have attacked them; we also believe that it is unacceptable for such victims to be subjected to unnecessary and irrelevant questioning about their sexual history or character.

We equally believe that all those accused of crime must have a fair trial. The long-established principles of the Scottish criminal justice system which are intended to ensure that this happens must not be compromised. We are, however, confident that a modern criminal justice system can - and indeed must - respect both the rights of those accused of crime and the rights of those who are the victims of crime. What we aim to do is to strike the appropriate balance between these rights.

This is not an easy task, but we believe that the proposals which this paper sets out will achieve that balance. Our intention has been to bring forward proposals which are fair, practical and will make a positive difference to how victims of crime are treated in the Scottish criminal justice system. I hope that all those who read and respond to this paper will support that aim.

JIM WALLACE
Deputy First Minister and Minister for Justice

< Previous | Contents | Next >

The information contained on this WWW site is Crown Copyright but may be reproduced without formal permission or charge for personal or in-house use. Privacy and Content Disclaimer.

For general enquiries about this web site email ceu@scotland.gov.uk or fill out our online questionnaire.