The Challenge of “Best Evidence” in Rape Trials: The Victims and Witnesses (Scotland) Act 2014

Stopping rape

“…The need for intervention across the whole criminal justice system is suggested by the implementation of special measures in giving evidence (for example, use of a live television link) that are designed to reduce secondary victimisation. Unless complemented by educational guidance relating to jury decisionmaking, such reforms may risk compromising the credibility of the complainant by reducing the visibility of their distress, which is (erroneously) perceived by jurors as an indicator of veracity (Callander, 2014).…”