Jeane Freeman

The Forensic Medical Services Bill, which passed unanimously, places a duty on health boards to give victims direct access to trauma-informed, person-centred forensic medical examination services and to retain certain evidence where a victim is undecided about reporting to the police. 

During the debate, Health Secretary Jeane Freeman announced £500,000 to improve the NHS response to child sexual abuse and to develop the role of child and family support workers in Scotland.

The Scottish government has committed to spending a further £1 million in the next financial year to support implementation of the bill, bringing the total funding for this work to £10 million over four years.

Ms Freeman said: “Victims of rape, sexual assault and child sexual abuse have suffered a grave violation of their human rights. This law will make it easier for adults to request an examination without reporting a crime, giving them a sense of control over what’s happening to them at a time when it has been taken away.

“We have already laid the groundwork for this. All examinations already take place away from police stations, and the £10 million we are investing includes funding for all health boards to create or enhance Sexual Assault Response Coordination Services with facilities for examinations. We are also committed to developing the role of nurse sexual offence examiners in Scotland.

“I would like to extend my personal thanks to the survivors for their courage in sharing their personal experiences, helping us to develop and pass this legislation and deliver care and support that is compassionate and centred on what they need.”

Interim chief medical officer Dr Gregor Smith said: “The bill is a huge milestone that the Scottish government and everyone involved should be proud of. The national Rape and Sexual Assault Taskforce was set up to drive improvements in services across Scotland, and under my leadership that is exactly what this bill will help to achieve.

“The taskforce has taken great strides towards ensuring that victims of rape or sexual assault receive a healthcare-focused response. I thank everyone who has contributed to the development of the bill, in particular to those whose lived experiences have been central to this work.”

The bill passed with an amendment proposed by Labour MSP Johann Lamont varying the Victims and Witnesses (Scotland) Act 2014 such that the examinee may specify the sex of the medical examiner.

The amendment states: “for the word ‘gender’ substitute ‘sex’”.

Dr Kath Murray of MurrayBlackburnMackenzie told SLN: “The Lamont amendment brings much needed clarity to an area of law and policy where terminology has changed in recent years.

“Crucially, the amendment also underscores the main challenge for the Scottish government, which is to secure an increase in the number of female examiners.”