Report Summary
This report provides members of the Policing Performance Committee with an overview of an overview of the strategies and collaborative initiatives pertinent to Rape and Sexual Crime. It places particular emphasis on statistical data and projects that adopt a victim-centred approach.
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Meeting
The publication discussed was referenced in the meeting below
Policing Performance Committee - 19 March 2025
Date : 19 March 2025
Location : online
Lord Advocates References 2023
Lord Advocates Reference 1 of 2023
In October 2023, a panel comprising seven judges concluded that the emotional distress shown by a complainant could corroborate their reported experiences. Furthermore, the judges determined that statements made by the complainant while still experiencing this emotional distress, shortly after the incident (de recenti), could be considered as corroborative evidence supporting their account.
Lord Advocates Reference 2 & 3 of 2023
In June 2024, a panel of nine judges determined that de recenti statements, even in the absence of distress, can corroborate a victims account, further that in deciding whether something is a de recenti statement, greater/considerable latitude has to be given in sexual offences cases and cases against children, and even when the statement is not de recenti, the statement can still be corroborative if it is made to a first natural confidante. The de recenti statement can corroborate both the commission of the crime and the identification of the accused as the perpetrator.
The introduction of Lord Advocates References represents a substantial shift in Scots Law, with the potential to transform policing and prosecution in Scotland. This approach emphasises the importance of victim and witness statements for corroborating offences in the absence of physical evidence.
Crown Office and Procurator Fiscal Service (COPFS) are in the process of developing a comprehensive training program for Police Scotland in conjunction with this initiative. Further the COPFS is evaluating the implications, particularly considering the references encompassing a broad spectrum of offences, rather than being confined solely to matters pertaining to rape and sexual crime.
SCD NPP and National COPFS team convene quarterly forums for Senior Investigating Officers (SIOs) and Sexual Offences Liaison Officer (SOLO) Coordinators. Throughout the year, SCD NPP have hosted a series of continuous professional development (CPD) events, addressing key issues. These events spotlight topics such as non-fatal strangulation, the work of "Emily Test" charity (see Appendix 1 for more information) concerning Gender-Based violence (form of violence that predominantly affect women and are most commonly perpetrated by men), and vicarious trauma experienced by officers handling cases of rape and sexual crimes. These forums provide a platform for the exchange of information pertaining to the identification and resolution of barriers encountered in evidence gathering and reporting.
