Victims of Rape and Domestic Abuse

– in the Scottish Parliament at on 9 June 2022.

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Photo of Pauline McNeill Pauline McNeill Labour

7. To ask the First Minister what steps the Scottish Government will take to ensure that victims of rape and domestic abuse are not retraumatised as a result of plans to allow them to formally meet those who harmed them. (S6F-01196)

Photo of Nicola Sturgeon Nicola Sturgeon Scottish National Party

We recently launched two hubs to support the national roll-out of restorative justice services, which enable safe—and voluntary—facilitated contact between people who have been harmed by crime and those responsible for such harm. However, I stress that such contact is voluntary and occurs only where the victim of crime wants it to happen. It is important to note that the needs of people who have been harmed are at the heart of the process. If they choose to have such contact, they will set the pace at all stages and can stop the process at any time.

I recognise that victims and survivors in sensitive cases involving sexual harm and coercive control may request access to restorative justice. We are working with partners to design services to respond appropriately to such requests. A trauma-informed and comprehensive risk framework will be created for such cases, and will have at its centre the individual needs and safety of the person who has been harmed.

Photo of Pauline McNeill Pauline McNeill Labour

The First Minister is right to reiterate the words of Sandy Brindley of Rape Crisis Scotland, who has said that no one should ever feel that they have to have such contact or that they have been pressurised in any way.

I believe that we must improve experiences of the justice system for victims of sexual violence, which disproportionately affects women and girls, and I know that the First Minister feels strongly about that, too. The Criminal Justice Committee has heard from survivors of rape and sexual assault, who said that they felt as though they were being treated as the guilty party. Long delays in the current court system mean that they are often left in the dark as to what happens in their court cases.

Does the First Minister think that more support should be given to victims, such as offering them legal advice before they go to court? Will she consider a proposal for—or even enter into dialogue on—a means-tested independent legal representation scheme in the pre-trial period for victims of rape and survivors of serious sexual violence, as a way of radically altering their experiences?

The First Minister:

Yes, I will consider that. Issues on independent legal representation of victims of rape and sexual violence in the criminal justice system have been raised in particular contexts in the past—for example, where information about the history of the victim has been requested as part of the court process. Those are important issues.

I agree with Pauline McNeill. Sadly, it is simply a statement of fact that, even in our society today, many survivors of rape and sexual assault are often left feeling undersupported and as though they are somehow the guilty parties. That is partly down to attitudes in society. Right now, there is also an impact from backlogs in the court system because of the pandemic, which is why we are working hard to address those.

We are already funding organisations to deliver the equally safe initiatives. We have a duty to consider anything that we can do to better support people who have been affected by such crimes, so I will consider Pauline McNeill’s specific proposal. As for the subject matter of her original question, I again reiterate the voluntary nature of such contact. As I have certainly raised in Government, it is one thing to say that a process is voluntary, but we must ensure that even offering people that option is not heard by victims as somehow suggesting that they are expected to or are being pressured to do that, so the way in which that is implemented will be really important.

Photo of Jackie Baillie Jackie Baillie Labour

On a point of order, Presiding Officer. The First Minister might not be aware that Kevin Stewart is ill with Covid and is self-isolating. I am sure that members will wish him a speedy recovery. Will the First Minister therefore ensure that, in his absence, the Cabinet Secretary for Health and Social Care meets representatives of SPAEN today?

The Presiding Officer:

As Ms Baillie will be aware, that is not a point of order for me. However, her point is now on the record.