The findings of the Equality and Human Rights Commission have prompted calls for an urgent review of how courts and prosecutors respond when complainants in sexual offences cases in Scotland have details of their sex lives raised during trials, our sister publication Scottish Legal News reports.

Earlier this month, a major review in Ireland recommended that defence applications to question a complainant about his or her sexual experience should normally have to be submitted in a preliminary hearing, as problems arise from the fact that such applications are “often not made until the trial is in progress or immediately before it begins”.

Laura Hutchison, head of compliance at the Equality and Human Rights Commission Scotland, said: “We commissioned this research to understand the concerns about the use of sexual history and bad character evidence in rape and sexual assault trials in Scotland, and to have a fuller understanding of the impact the use of this evidence has on survivors of sexual violence and their access to justice.

“In the last 10 years, the number of rape and attempted rape crimes recorded by Police Scotland has more than doubled. Yet the conviction rate for these crimes is 40 per cent lower than it is for all crimes.

“Laws are already in place to stop the use of evidence about sexual history and bad character when it is not sufficiently connected to the facts of the case. The evidence we reviewed suggests that Crown prosecutors rarely challenge the introduction of irrelevant sexual history and bad character evidence.

“In five recent High Court appeal cases senior judges raised significant concerns about the way the law is being implemented in practice. As there is so little publicly available evidence, we are unable to say with confidence that the poor practices identified in these appeal court decisions are rare or do not have a significant and damaging effect on the dignity and privacy of survivors and their access to justice.”

The report identifies four areas which require urgent review, including a broad review of how sexual offences are managed throughout the prosecution process, and how COPFS can adjust their policies to comply with its equality obligations.

Professor Sharon Cowan of Edinburgh Law School, who carried out the research, said: “This research shows that there is an urgent need to thoroughly review practice in this area, since the last report on the use of sexual history evidence in Scotland was published over a decade ago.

“We can see that there are serious problems in the application of the law but we don’t know how widespread these problems are. It is time for Scotland to ensure that the rules that are intended to protect complainers in sexual offences trials are being properly and fairly implemented throughout the court process.”