Justice committee rejects bid to protect medical history of sex attack survivors

Holyrood’s justice committee has rejected a bid to amend the Criminal Justice (Scotland) Bill to protect the personal information of sexual assault and rape survivors.

Scottish Conservative justice spokeswoman Margaret Mitchell today said her amendment to the Bill would prevent the misuse in court of abuse survivors’ medical history.

She proposed to give abuse survivors independent legal advice on how to protect their records from being unnecessarily accessed by rival legal teams.

Ms Mitchell said this would prevent medical records and sensitive information, including sexual history, from being used in court to discredit witnesses and play to prejudices and myths around sexual offences.

However, Justice Secretary Michael Matheson dismissed the idea during a meeting of Holyrood’s justice committee yesterday.

Mr Matheson told the committee: “Amendment 105 would represent a major innovation in our criminal law by introducing the complainer into the process as a third party separate from the Crown. In addition, giving complainers such rights in cases of one category of offence but not in others would be inconsistent.

“The committee has rightly, when it has scrutinised other proposed reforms, been very careful to consider practical implications and potential unintended consequences.

“Although I am sure that many members are as sympathetic as I am to the intentions behind the reform, I also consider that such a substantial change to Scots law and practice requires a great deal of further thought and consideration.”

Describing the amendment as “neither necessary nor appropriate at this time”, he added: “In the interests of clarity, it is important to recognise that Lord Bonomy’s review group did not make a recommendation on independent legal representation in this particular area.”

Ms Mitchell’s amendment was supported by Scottish Liberal Democrat justice spokeswoman Alison McInnes, but rejected by the other sevenSNP, Labour and Independent MSPs on the committee.

Ms McInnes said: “There is currently a significant imbalance in the system in relation to rape victims. The release of medical evidence, in particular, can have huge ramifications for the future health of the witness. It should not fall only on the voluntary sector to deal with the problem.

“There is a real issue that needs to be addressed, and I hope that the Government can do so by either supporting Margaret Mitchell’s amendment 105 or by bringing forward its own proposals.”

Ms Mitchell added: “The Scottish Government had an opportunity to prove it was sincere in its assertion that it wants to improve rape and sexual assault convictions.

“By failing to support the amendment, which would address one major barrier to these victims receiving a fair hearing, the SNP has again substituted positive action for warm words.

“Furthermore, there was a definite contradiction in Michael Matheson’s comments that it would be wrong to make this legal advice available to only rape and sexual assault victims while at the same time not ruling out making a special case for these victims by abolishing the law of corroboration sometime in the future.”