International Women’s Day and Protecting the Equality of Women in the UK and Internationally

Baroness Bryan of Partick Excerpts

Thursday 17th March 2022 Grand Committee

[Baroness Bryan of Partick (Lab)]

My Lords, it is a pleasure to follow the many impressive women speakers here today and the supportive comments of men.

International Women’s Day is a celebration, but it is also a time to assess our progress in protecting the equalities of women. When we look back over the past year, many of us have been left shaken and distressed. The murder of Sarah Everard, and the behaviour of police officers supposedly protecting the bodies of Nicole Smallman and Bibaa Henry, were bad enough. However, the subsequent investigations revealed that a large number of police officers held deeply troubling attitudes towards women. It has left the impression that a significant number of serving police officers have, at the very least, a lack of respect for women in general—and their women colleagues in particular—and, at worst, a degree of hatred of women that is frightening.

When I have spoken on similar in issues in this House, some members thought that Scotland was in advance of England and Wales in the way in which it deals with serious sexual assault and rape. Unfortunately, this is not always the case—as the noble Lord, Lord Purvis, and my noble friend Lady Kennedy can probably confirm. As in other police forces in the UK, there is clear evidence that Police Scotland has misogynists and sexual predators in its ranks. It has failed to protect women police officers, and members of the public, from some officers’ behaviour. A recent employment tribunal found evidence of a sexist culture in the force which left women officers scared to complain, in case they would be left unsupported by male officers when put in dangerous situations. The culture is exposed further by the evidence that over 100 officers faced charges of sexual misconduct, including sexual assault, against members of the public. These are the very people they were supposed to protect. It is hard not to conclude that this culture will deter women who need to report rape or sexual assault.

Two additional barriers exist in Scotland which put women and men off reporting such assaults. The first is the legal requirement for corroboration under Scots law. This requirement remains in place, despite an enquiry in 2011 which recommended its abolition. The report found that 58% of serious sexual offences, which were not pursued due to lack of corroboration, would have had a “reasonable prospect of conviction” in England and Wales.

The second additional barrier is the use of the “not proven” verdict, which is unsatisfactory for everyone concerned. It may allow the accused to escape conviction but it implies that they may have been guilty. The complainer may have to watch someone whom they think is a threat to their future safety walk away. “Not proven” is used disproportionately in rape cases. Rape Crisis Scotland pointed out that nearly 30% of acquittals in rape and attempted rape cases were not proven, compared with 17% for all other crimes and offences.

In March 2021, the Scottish cross-justice review group produced its final report, Improving the Management of Sexual Offence Cases. It made significant recommendations for a new approach to cases involving serious sexual offences, proposing that everyone involved in such cases should have sufficient understanding of the crimes involved and the potential impact on complainants. Its main recommendation was for a new national specialist court with trauma-informed procedures to deal with serious sexual offence cases. The judges, prosecutors and defence lawyers, as well as other court officials, would have trauma-informed training. The review further suggested the increased use of commissions for taking evidence, stating:

“It is unquestionable that if a complainer’s evidence, including cross-examination, were captured at as early a stage as possible, much of the trauma arising from the whole trial process would be diminished, the time scale for the complainer’s direct involvement would be greatly compressed and the traumatic effect considerably alleviated. The benefits are such that it cannot be disputed that this is a change which must be made as soon as possible.”


A third proposal for consideration was that sexual offence complainers should have independent legal representation. This recognises the potential tension between the interests of the complainer and those of the Crown. The low level of rape cases that go to trial and the very low rate of convictions show that serious sexual offences are different to most other criminal cases. At every turn, problems arise that prevent a fair trial. These recommendations offer a different approach. I hope that the Minister can recommend this report to the relevant department for England and Wales. For my own part, I hope that the Scottish Government, who have welcomed the report, will soon take action on it.