Scotland's criminal cases watchdog has warned that dozens of individuals convicted of rape and serious sexual offenses could seek to overturn their convictions through mass appeals, drawing parallels to the Post Office Horizon scandal. The Scottish Criminal Cases Review Commission (SCCRC) has alerted courts, prosecutors, police, and legal professionals not to destroy case files related to sex offense cases.
The anticipated wave of appeals stems from a Supreme Court ruling that found the application of Scotland's 'rape shield' laws risked violating an accused person's right to a fair trial. The ruling suggested that Scottish courts had adopted an overly restrictive approach to admitting evidence in rape and serious sexual offense cases.
Minutes from a meeting in March between the SCCRC and Scottish Government officials indicated 15 applications had been received. This number has since risen to 44, according to recent disclosures. Of these, 18 have been dismissed at an initial stage, 14 are undergoing full review, and 12 are still being assessed.
SCCRC chief executive Michael Walker noted in correspondence that the number of applications had increased to 26 by August, representing a 69% rise in two months. He also highlighted that the Lord Advocate had publicly cautioned about potential appeals from those convicted of rape and other serious sexual offenses since 2013.
The watchdog has written to the Crown Agent, Chief Constable, Scottish Courts and Tribunals Service, and the Law Society of Scotland requesting a moratorium on the destruction of papers in sexual offense cases. As of the latest reports, no cases have been referred back to the High Court following a full review by the SCCRC.
In November of the previous year, Supreme Court judges stated that rules preventing jurors from learning about an alleged victim's sexual history should be relaxed to ensure fair trials for the accused. The judges made this decision after two sex offenders appealed their convictions, arguing their human rights had been breached by the existing 'rape shield' legislation. The ruling emphasized that the blanket exclusion of such evidence was too restrictive and a more nuanced approach was necessary.
Officials involved in managing the fallout from the Supreme Court ruling have privately discussed the possibility of 'class actions' for wrongful convictions, referencing the Post Office Horizon scandal. In that case, hundreds of sub-postmasters successfully challenged convictions linked to faulty computer software. This comparison is likely to heighten concerns about the potential scale of appeals.
Scottish politicians have expressed concern, with the Scottish Tories calling it an 'extremely unsettling and distressing situation for victims of rape and sexual violence.' Rape Crisis Scotland has stated the ruling will have a 'profound and distressing impact' on survivors, leaving them in an 'incredibly uncertain position.'