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Change in validation rules will have ‘far-reaching consequences’ – law society
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Change in validation rules will have ‘far-reaching consequences’ – law society

A landmark ruling on consent that could lead to more rape cases being prosecuted “will have far-reaching consequences”, a legal body has warned.

On October 30, a historic nine-judge panel supported an appeal by Lord Advocate Dorothy Bain KC, who called for changes to verification laws following two sexual offenses trials that ended with majority not proven verdicts.

The decision means that statements made by victims during or shortly after the crime can be a second source of evidence that the crime was committed and that the defendant is responsible.

Previously, it was a well-established law that no two statements from the same person could be used to corroborate each other.

The Law Society of Scotland, which represents more than 13,000 Scottish lawyers, warned the decision was a “fundamental change” that would have “far-reaching consequences”.

Stuart Munro, convener of the Law Society’s criminal law committee, said: “This decision by the Chief Justice and his colleagues at the Supreme Court is hugely important and will have far-reaching consequences.

“While the basic rule that crimes must be proven by corroborated evidence has not changed, this decision and similar decisions show that the court’s view of what can amount to corroboration has changed significantly.

“Many cases where evidence was previously thought to be insufficient can now go to trial.

“Verification is cited by some as a unique feature of Scotland’s criminal justice system, but we are also the only jurisdiction to allow conviction by simple majority decision.

“We are now experiencing a fundamental change in our criminal justice system in an area where Parliament has considered change but thought better.”

The decision at the Coroner’s Court in Edinburgh was welcomed by the charity Rape Crisis Scotland, which previously supports victims of sexual violence.

Sandy Brindley, chief executive of the charity, said: “This is a landmark decision. Most reported rape cases never proceed to court, and the most common reason given is lack of verification.

“This decision removes barriers to justice in sexual offense cases, meaning more cases can potentially proceed to court.”