Drop 'alleged' from sexual harm law, senior police officer tells government

A law to tackle sexual crime risks "automatically" casting doubt on victims’ credibility if it is not reworded, a senior police officer has claimed. 

Police Scotland Assistant Chief Constable Malcolm Graham has urged ministers to replace the word ‘alleged’ in flagship legislation.

Its use within the Abusive Behaviour and Sexual Harm Bill currently going through Holyrood “automatically and passively questions credibility”, he told MSPs.

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The Scottish Government last night said it has no plans to change the language contained within the proposals.

The legislation, which had its first evidence session at Stage 1 this week, would introduce statutory directions for a jury in sexual offence cases to try and break down any preconceptions held by jurors.

Directions will apply in instances where evidence of a time delay in victims reporting an attack as well as the absence of physical resistance is heard in court.

Police Scotland has welcomed the move but suggested directions should be required regardless of whether these issues are raised during trial. 

ACC Graham, who leads on major crime and public protection, has also said use of ‘report’ or ‘reported’ would represent a “suitable, neutral alternative” to ‘alleged’ within the legislation. 

“While not ordinarily a contested word, nor a required legal term, it has been Police Scotland’s practice not to use this word within any document or guidance in relation to rape,” he wrote in a submission to the Justice Committee.

“This is in recognition that the words ‘alleged’ or ‘allegation’ automatically and passively questions credibility and further, it appears not to feature within other statutes attributed to other crime types.”

A Scottish Government spokeswoman said: “We note the views offered by Police Scotland and support their general position.

“However, the legislation is worded to reflect the fact that the provision relating to jury directions operates during a trial at a point before a person has been convicted.

“Within this context, we consider it is appropriate for the law to refer to an offence that is alleged to have been committed.”

The bill will also create a new offence of disclosing, or threatening to disclose, an intimate photograph or film, otherwise known as ‘revenge porn’.

Detective Chief Superintendent Lesley Boal this week revealed that intimate images of 25 women from a small area of Scotland were posted online after their computers were hacked.

Boal, who was giving evidence to MSPs, said the unauthorised sharing of explicit images can have “devastasting” consequences.

However, writing for Holyrood, Professor of Law at Durham Law School, Clare McGlynn - who gave evidence before the committee yesterday - said the bill “as currently drafted is unlikely to cover this sort of case”.