Bill imposes legal obligation on health boards to provide services for sex crime complainers

Bill imposes legal obligation on health boards to provide services for sex crime complainers

James Wolffe QC

A new bill makes it a legal requirement for health boards to to provide direct access to forensic medical services for alleged victims of sex crimes.

Alleged victims of rape and sexual assault will be able to refer themselves for forensic examination without having to report a crime to police, as a result of measures outlined in a new Scottish government bill.

The Forensic Medical Services (Victims of Sexual Offences) Scotland Bill contains a number of proposed changes including introducing clear legal responsibilities for health boards in a process known as ‘self-referral’.

This evidence may support any future criminal justice process if a person does not wish to report the incident to the police or is undecided about doing so.

In addition, ministers have announced £200,000 of funding for an initiative to develop the role of nurse sexual offence examiners in Scotland.

This will allow appropriately qualified and experienced nurses to undertake forensic medical examinations of victims of sexual crime and give evidence in court, something only doctors can do currently.

Welcoming publication of the bill, Health Secretary Jeane Freeman said: “Improving access to healthcare services for victims of rape and sexual assaults is central to our determination to provide sensitive support to those who need it.

“By ensuring the choice to self-refer is available consistently across Scotland, we hope that people who might currently be reluctant to make a police report are encouraged to access appropriate NHS services and get the support they need at a time of significant trauma.”

The Crown Office and Procurator Fiscal Service has been closely involved in the proposals to develop the nurse examiner workforce in Scotland.

The Lord Advocate, James Wolffe QC, said: “Scottish prosecutors take crimes of rape and sexual offences extremely seriously. COPFS is committed to contributing to improvement of the criminal justice system.

“I welcome the initiative to develop the nurse Sexual Offence Examiner role, which could enhance the service available to complainers. It will allow us to monitor and evaluate the scheme and seek to establish the role’s viability within the criminal justice system.”

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