Judges must now give juries special instructions in select sexual offence trials

Four new laws aimed at tackling abusive behaviour and sexual harm come into force today including a requirement for judges to direct juries when dealing with trials relating to certain sexual offences.

It is now mandatory for judges to give special information to guide juries in certain sexual offence trials. Specifically, where there was a delay in the victim reporting the alleged offence, where there is evidence of the victim not putting up physical resistance or the perpetrator not using physical force during the assault.

The Abusive Behaviour and Sexual Harm (Scotland) Act 2016 also introduces three other measures, including:

Justice Secretary Michael Matheson said: “Abusive behaviour and sexual harm will not be tolerated in Scotland. Tackling these crimes requires a bold response and speedy and effective enforcement which is why we have introduced new laws to improve the way our justice system responds.

“By continuing to modernise the law we can support victims in accessing justice and ensure perpetrators are properly held to account for their actions.

“As victims of sexual offences have increasing confidence in reporting to the police this new requirement for judges to direct juries will make a real difference in enabling juries to approach court evidence in an informed way.

“All of the measures coming in to force have one thing in common. They will improve the way the justice system responds to abusive behaviour and help ensure perpetrators are clear that their actions will have consequences.”