On 21 October 2020, the Equality and Human Rights Commission in Scotland hosted a panel event to discuss the use and impact of sexual history and bad character evidence, and other personal information in sexual offences trials in Scotland. The webinar followed on from our report on the same issue, which sought to understand how the use of this evidence affects access to justice for people who bring forward allegations of sexual crimes (known as the ‘complainer’ in Scotland). We undertook this work as part of our strategic plan in which we identified the need to challenge barriers to justice for women and girls who have survived violence.
Our review identified concerns about the effectiveness of ‘rape shield’ provisions in Scots law designed to protect complainers by excluding sexual history and bad character evidence un-connected to the facts of the case from being used in the criminal trial. We also identified a need for further research and better data collection on how the rape shield operates.
The webinar brought together the experience of equality and human rights thinkers from the field of law, academia, and civil society, to discuss the findings of the review and to explore opportunities for reform.
Speakers include:
- Laura Hutchison (Chair, EHRC)
- Professor Sharon Cowan, Professor of Feminist and Queer Legal Studies, University of Edinburgh.
- Sandy Brindley, Chief Executive of Rape Crisis Scotland
- Dorothy R. Bain Q.C., Ampersand Advocates
