Danllan
Member
- Location
- Sir Gar / Carms
Resurrecting an old thread, sadly with good reason...
Had a chat with a friend in Scotland this afternoon and, us both being lawyers, the talk got around to yet another change being possible in the law up there. Having finished our conversation I went online and found the page below on the BBC website.
Note the fifth paragraph in it, which reads 'The vast majority of rape allegations do not reach court because of insufficient evidence.' Having been involved with the prosecution and defence of many rape cases, I can tell you that this is extremely lop-sided reporting.
The reason there is insufficient evidence, can be but rarely is because the police are unable to discover / access it or adduce it. But, in the vast majority of cases, there is insufficient evidence for a successful prosecution because it, the evidence, does not exist - i.e. there isn't any.
If this goes through, it is another nail in the coffin of Scottish Justice, unless a fully calibrated 'distressometer' - with added lie detector - is invented in the very near future.
Had a chat with a friend in Scotland this afternoon and, us both being lawyers, the talk got around to yet another change being possible in the law up there. Having finished our conversation I went online and found the page below on the BBC website.
Note the fifth paragraph in it, which reads 'The vast majority of rape allegations do not reach court because of insufficient evidence.' Having been involved with the prosecution and defence of many rape cases, I can tell you that this is extremely lop-sided reporting.
The reason there is insufficient evidence, can be but rarely is because the police are unable to discover / access it or adduce it. But, in the vast majority of cases, there is insufficient evidence for a successful prosecution because it, the evidence, does not exist - i.e. there isn't any.
If this goes through, it is another nail in the coffin of Scottish Justice, unless a fully calibrated 'distressometer' - with added lie detector - is invented in the very near future.
Scotland's top law officer goes to court to change rape rule
In a rare legal move, the lord advocate asks the appeal court to overturn a ruling made by five judges in 1997.
www.bbc.co.uk