One of Scotland’s top QCs has warned scrapping corroboration could see the conviction rate for rape fall in Scotland.
Brian McConnachie QC claims that scrapping the requirement for corroboration will do a “disservice” to Scots Law.
Corroboration means that at least two pieces of evidence are required to prove a crime.
Mr McConnachie, chairman of the Faculty of Advocates’ Criminal Bar Association and a former principal advocate depute in the Crown Office, said: “My opposition to the proposal to abolish corroboration comes as much from my experience prosecuting as it does from my experience defending possibly more so.
“What corroboration means is that no-one can be convicted on a single source of evidence there must be evidence from two sources.
“People are very often confused and indeed encouraged to be confused by the fact that it often thought that corroboration means two eye witnesses to a crime, but that is not what it is about.”
Mr McConnachie said in rape and other crimes of a sexual nature, corroboration usually meant a witness who could testify the victim displayed signs of distress after the attack.
“The law is not stupid. It has developed over the years to take into account that, broadly speaking, this is the kind of crime that takes place in private,” he said.
Mr McConnachie said while removing the need for corroboration may lead to a rise in prosecutions that will not automatically translate into a rise in convictions.
“In my opinion, abolishing corroboration is going to be a disservice to victims of sexual abuse, it is going to be a disservice to the law of Scotland as it currently stands, and it is not going to advance the cause of any of the people who speak out in its favour.”