Vitriol and talk of vengeance won’t protect women – Laura Waddell

The Alex Salmond trial outcome must not put off women from coming forward to report sexual crimes, says Laura Waddell

Alex Salmond speaks outside the High Court in Edinburgh after he was cleared of attempted rape and a series of sexual assaults (Picture: Andrew Milligan/PA Wire)

Alex Salmond had a fair trial, which he is entitled to. On Monday a jury acquitted him of criminal charges, finding in his favour against the testimony of nine women. Investigations into ministerial ethics will rumble on, but some seem to think Salmond is entitled not only to due process but to vengeance, and they are salivating over the prospect. This is deeply wrong.

It sometimes feels like we are living in two parallel Scotlands. The one in which some find the potential trouble of party infighting very exciting and are speculating on post-trial payback for anyone who aided the accusers, as though that were perfectly normal in a just society.

And another, in which some fear the impact of high-profile attempted rape trials, no matter their eventual outcome, on the survivors of sexual assault. Encouraging attempted rape survivors to report their experience is already difficult. “Only around 15 per cent of those who experience sexual violence report to the police,” say Rape Crisis. In 2017/8 less than 5 per cent of reported rapes and attempted rapes ended in a conviction – that’s 43 per cent of cases that were actually taken forward by prosecution – while one in five cases returns a not proven verdict. Belief in a fair trial means critiquing our legal system and understanding its weaknesses in tackling sexual crimes.

Beyond the low conviction rate for sexual crimes, it takes a lot of personal fortitude to withstand the rape myths which are inevitably unleashed around these cases and which damage the confidence of survivors in facing perpetrators. It is a grim reality that around a quarter of the public falsely believe women often lie about being raped. The erroneous belief that a ‘not guilty’ or ‘not proven’ verdict in a criminal case proves a complainant was lying, when it actually means prosecution was unable to prove guilt beyond doubt, is also being stoked by feverish conspiracy theorists.

Hellbent on revenge

Many women I know have dreaded the trial and its coverage because the misogyny underpinning rape myths is grotesque and endlessly wearying. As Rape Crisis Scotland said in their statement this week: “Regardless of the verdict, the detailed descriptions and court coverage has been triggering and very hard for many people. As the volume and nature of calls to our helpline show, whenever there are public conversations about sexual crimes, survivors are listening. We fear that the nature of the defence in this case which focused on trivialising behaviours that would amount to sexual assault risks turning the clock back on any progress we have made moving towards a better conversation about sexual violence.”

The most paranoid online trolls are hellbent on revenge. A conspiracy is being promoted that the whole episode is the doing of deliberate ill-will. The identities of complainants cannot be legally identified but it does not stop conspiracists champing at the bit to get to them and anyone at all who listened to them. Those who truly care about justice in Scotland, particularly elected politicians, should be gravely concerned about this.

In looking on, what message is being sent to women of Scotland or those concerned about professional repercussions in going up against powerful men? That if unsuccessful in court, like the majority of sexual crimes cases, his allies will come for us? Women absolutely must not be dissuaded from coming forward, nor institutions intimidated for not brushing complaints under the rug.

Vitriol is also aimed at party insiders. A parliamentary inquiry is in process but grievances about the SNP’s internal complaints procedures, dull to anyone on the outside, have been blown up to Machiavellian proportions, chiefly by those who’ve brushed up against it. It also remains to be seen whether action will be taken on claims relating to Salmond’s time in London, revealed by Times Scotland as passed on by Scottish detectives to the Met Police.

Nicola Sturgeon is a significant target of ire from Salmondites who seem to believe, astonishingly, that by not taking sides she was hanging him out to dry. She said at the time, acknowledging with sadness the “friend and mentor” relationship the pair once had, “The fact remains that two complaints were received by the Scottish Government that could not be ignored or swept under the carpet. Complaints must be investigated without fear or favour, regardless of the seniority of the person involved.” This is principled leadership. As to party politics, opportunists spring up like mushrooms amidst internal party fallout.

Minutes after the attempted rape case concluded, and despite Salmond’s own defence lawyer describing his behaviour with female subordinates as “inappropriate”, Joanna Cherry released a statement wholeheartedly hitching her cart to the repatriation of his reputation, calling for both party resinstatement and internal inquiry into her own party executive. Kenny MacAskill joined her in demanding heads roll. It is no secret both have clashed with party leadership, but what on earth were they thinking encouraging retribution right off the back of a sexual assault trial?

Party grievance and ambition

These responses to a sensitive and concluded trial were misjudged, not least during a pandemic, but they are wrong for the independence movement too. I backed Salmond’s Yes campaign in 2014, but leaders are of their time. Even before allegations came out the world had moved on, while Salmond was doing Fringe shows and Russian TV. Onlookers are not privy to inner worlds of party grievance and ambition, but when sensed by the electorate, it feels like the small politicking of a claustrophobic and inwards-looking place. As does former leaders trying to grab the baton back.

Scotland’s worth as an independent nation is only as a progressive and just one, and if we are to become a serious modern country like those we look to for inspiration that goal is bigger than any individual egos, however considerable. Tackling violence against women and girls must be an essential part of Scotland’s future vision. It is unfortunate some have confused fighting for themselves, and fighting anyone they perceive to stand in their way, with fighting for the greater cause.