Edinburgh child abuse survivor says change in ‘outdated’ law will bring ‘justice for every survivor’

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An Edinburgh child abuse survivor is supporting Scotland’s chief prosecutor in calls to abolish an 87-year-old legal rule that ‘often denies abuse survivors the justice they deserve’.

It comes after calls last month to overturn a law that requires two independent sources of evidence to confirm a crime. A change in law surrounding corroboration - a long-standing feature of Scots law - could mean that more rape allegations could reach court.

The Edinburgh abuse survivor, now 33, who is supporting calls to change the law, 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.

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The long-standing rule currently prevents the use of statements made by alleged victims, shortly after an offence, from serving as corroborationThe long-standing rule currently prevents the use of statements made by alleged victims, shortly after an offence, from serving as corroboration
The long-standing rule currently prevents the use of statements made by alleged victims, shortly after an offence, from serving as corroboration | Third Party

The Edinburgh resident 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 We need a system that acknowledges the bravery of survivors coming forward, not one that silences them due to outdated technicalities.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.”

Last month, Scotland’s top law officer Lord Advocate Dorothy Bain KC, urged a nine-judge bench at the Court of Session in Edinburgh to re-evaluate the corroboration rule which she said ‘is strongly in the interests of justice.’ The Court of Session, under the leadership of Lord Carloway, is currently examining the ramifications of modifying the legal rule.

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A change in law is also supported by Kim Leslie, partner at Irwin Mitchell specialising in abuse claims. Ms Leslie said: “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.”

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