By Dave Lord

SHERIFFS MUST take steps to ensure the victims of rape and other sexual assaults are not “denigrated, debased and demeaned” in court, Justice Minister Kenny MacAskill has stated.

Perth MSP Roseanna Cunningham brought up the issue following a recent case at the town’s sheriff court where a solicitor insisted the 15-year-old victim of a sexual attack was not “vulnerable” as she had been “dressed for the dancing” and “looked older.”

She is calling for stricter controls to be introduced regarding pleas in mitigation.

Last night her campaign gathered momentum as the justice minister urged sheriffs presiding over rape and sexual assault cases to “take measures” to ensure victims are not demeaned.

Ms Cunningham spoke out following a parliamentary statement regarding implementation of the Vulnerable Witnesses (Scotland) Act.

She called for Mr MacAskill to investigate her concerns, stating that some “utterly appalling” comments had been made during the recent case in Perth.

“During the case in my constituency the defence lawyer tried to claim that the 15-year-old victim was not vulnerable because of her sexual history and the way in which she was dressed,” she said.

“I know the cabinet secretary is aware of my concerns regarding this.

“I believe there is an issue to be tackled regarding the plea-in-mitigation aspects of cases that involve vulnerable witnesses, including complainers, when a plea of guilty has been made and therefore no trial has been held.

“In such circumstances, few controls appear to apply to comments that might be made, however adverse they are.”

Mr MacAskill later agreed that Ms Cunningham had what he termed a “valid point.”

“We have had discussions on this matter with the Law Society of Scotland and the Faculty of Advocates,” he said.

“To some extent such matters, when we are on a learning curve, are best dealt with by the judiciary.

“However, Miss Cunningham makes a valid point as the tendering of a plea in mitigation should not be used as an opportunity to besmirch or defame an individual.

“If there is no basis for doing so, people should not go down that route and those who are presiding over such cases should take measures to curtail such action,” Mr MacAskill added.

Ms Cunningham said she was encouraged by his words and hoped they will be heeded in the corridors of power.

“I welcome the justice secretary’s positive response to the concerns I raised,” the MSP said.

“Pleas in mitigation should be about setting the context for the offence and any issues in the background of the offender that might have contributed to the offence.

“They should not and must not denigrate, debase or demean the character or experience of the victim.”