Complainers in rape cases should have legal representation, report argues

Complainers in rape cases should have legal representation, report argues

Eamon Keane

Complainers in rape cases should have independent legal representation where defence lawyers are seeking the admission of sexual history evidence, a new report suggests.

Scottish lawyers Eamon Keane and Tony Convery spent time in Ireland last year to research how that jurisdiction deals with the admission of sexual history evidence in order to consider whether any improvements could be made to the procedure followed in Scotland.

The conclusions from their visit, which was assisted by funding from Rape Crisis Scotland, will be presented in a report to be launched in Edinburgh next month.

The pair believe that, following the judgment of WF v Scottish Ministers in 2016, it is arguable that complainers should be provided with independent legal representation at hearings where applications under s.275 of the Criminal Procedure (Scotland) Act 1995 are to be determined.

The launch event will seek to facilitate discussion in respect of this proposal and will be of interest to policy makers, legal professionals and individuals from the third sector who support victims of crime.

The event will take place at Edinburgh Law School on Thursday 2 April 2020, 6.30pm, with tickets available for free via Eventbrite.

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