Leading Lawyer At Irwin Mitchell Says Existing Legal Structure Often Denies Abuse Survivors The Justice They Deserve

A survivor of child abuse is lending her voice to support Scotland’s chief prosecutor, Lord Advocate Dorothy Bain KC, in calls to abolish an 87-year-old legal rule requiring two independent sources of evidence to confirm a crime.

The woman, who is now 33 and cannot be named, endured sexual abuse by her foster father and foster brother 30 years ago. While her case against Edinburgh City Council reached a resolution, the Crown did not move forward with prosecuting the personal offences against her due to a gap in time between her testimony and that of other complainers.

This long-standing rule currently prevents the use of statements made by alleged victims, shortly after an offense, from serving as corroboration.

The victim, who lives in Edinburgh, said:

“I believe it’s crucial for us to stand together and push for changes that will allow every voice to be heard, especially those who have been denied justice.

“My own journey has been painful and challenging, but it’s taught me the importance of solidarity and support. We need a system that acknowledges the bravery of survivors coming forward, not one that silences them due to outdated technicalities.

"It’s not just about my story; it’s about all the stories that have gone unheard. By changing this rule, we can take a step towards a more compassionate and fair legal process, where the focus is on healing and justice for every survivor.” 

Expert Opinion

“The existing legal structure often denies abuse survivors the justice they deserve. Amending this rule could mark a pivotal change, ensuring that the experiences of survivors are acknowledged and validated within the criminal justice system.” Kim Leslie, a partner at Irwin Mitchell specialising in abuse claims

The push to overturn the rule is also supported by a rape survivor whose assailant’s conviction was invalidated due to insufficient evidence. In her ordeal, Sean Hogg was initially convicted of raping her at the age of 13. His conviction was later rescinded on appeal because of an “insufficiency of evidence,” after Judge Lord Lake gave the jury improper guidance on considering the victim’s “distress” as corroborative evidence.

Prompted by these incidents and other sexual offense trials from the preceding year, Lord Advocate Dorothy Bain KC has recently urged a nine-judge bench at the Court of Session in Edinburgh to re-evaluate the corroboration rule.

The Court of Session, under the leadership of Lord Carloway, is currently examining the ramifications of modifying this long-standing legal rule.