Law 'may not be effective' in rape cases

Published on Tuesday 14 June 2011 17:14

The new Lord Advocate has questioned the effectiveness of Scots law in prosecuting rape claims.

Frank Mulholland said the requirement to have at least two pieces of corroborating evidence before bringing a prosecution, combined with the Cadder ruling, means the Scottish legal system may not provide "effective sanctions" against rape.

The Cadder ruling prevents police from interviewing a suspect without a lawyer present.

Mr Mulholland said that in the past there were three key aspects of securing a conviction for rape: a police interview with the suspect, which often resulted in an admission that intercourse had taken place; the prosecution proves it had taken place without consent; and the accused is aware that consent for sex had not been given.

He said: "Following Cadder, we are in the position of having lost the first third of our case before we start because lawyers will tell their clients not to admit anything. Very often in rape cases there is a delay in reporting the offence, which means that the opportunity to gather forensic evidence is lost.

"The combined effect …could leave us in the position of falling foul of human rights law again."