A woman who reported she was raped as a child but could not get her case to court has been told that her abuser would have been charged under new rules. Emma Bryson was 10 years old when a family member began abusing her - he was never prosecuted due to insufficient evidence and has since died. Last year eight judges made the historic decision to overturn an 87-year-old rule on corroboration in rape and sexual abuse cases - meaning more cases may reach the required legal threshold to go to court. Lord Advocate Dorothy Bain has since carried out a review of Ms Bryson's case - 40 years on from the abuse - and confirmed there would now be enough evidence to proceed. Ms Bryson disclosed what was happening to her aged 14. She said: "I was just told, there wasn't any evidence, so they weren't going to take it forward. "The person I was reporting was a family member, so it affected my whole family. It was a really, really difficult thing to do, and I wasn't equipped for it really." In 2016 she tried again. By then she felt able to talk about what had happened to her and she was confident something would be done. "I made the assumption that if I went to the police, that I made a statement, if there was any evidence available, the police would be able to use that evidence," she said. "I knew there were social work records, there were medical records, and lots of people knew about what happened to me." The second investigation took a year, but again, police could not progress because the evidence available did not meet the requirements of corroboration. "Until that point, I didn't even know what corroboration meant," Ms Bryson said. "I thought as long as there's information to corroborate my account, that that would have been sufficient." Scottish criminal law requires corroboration – two independent sources of evidence that a crime has been committed and that an accused person was responsible. By the very nature of sexual crimes, verifying an allegation of a rape or assault has always been difficult and meant many reports never make it to court. Ms Bryson set up the campaign group Speak Out Survivors along with two other women who also reported child sexual abuse - Suzy Angus and Shirley Ross. All three were told their cases could not be corroborated and their abusers were not charged. They campaigned for a change in the law and as a result, the definition of corroboration was changed in sexual abuse and rape cases. In 2023 the Lord Advocate, Dorothy Bain KC, took the rules of corroborating rape to court. In particular, allegations of rape required there to be corroboration of penetration through at least two sources of evidence. Evidence of distress by a complainer could not provide the necessary corroboration of the act, but could only confirm a lack of consent. The court decided it was only the case against the accused that required to be proven by corroborated evidence, and not the separate elements individually. This meant distress shown by the complainer at the time could be used as evidence. Ms Bryson said: "I think it's important to say that for all three of us, when we started this campaign, we never did so with the expectation that we would change our own cases. "We did it because we wanted to make things better and easier for other rape victims in the future and make that difference to enable more cases to be taken forward. "When that legal change happened, that has effectively achieved that. More rape victims now will have better access to justice because of it." As a result of the change in the guidance, Ms Bryson's case was able to be reconsidered. It took time to re-examine the evidence. "It was a long time waiting, the third time around for me trying to see an outcome. "But under the definition of corroboration now, there was sufficient evidence for my case to be charged," she said. The relative had died in the interim, but Ms Bryson said: "I felt vindicated, like all the work that we'd done for those seven years, it was worth it. "We'd been right in our view that corroboration prevented offenders from being prosecuted and specifically sex offenders." She is proud of the work she and the other two women carried out. "The child that I was has survived to become the adult that I am, and I'm really proud of that," she said. "I think Suzy and Shirley would both say the same thing. I have no regrets, absolutely no regrets. I would do it again in a heartbeat." Some defence lawyers say the change in the law could lead to miscarriages of justice. Thomas Ross KC feels it would be "impossible" to quantify how many there could be. "There are already huge restrictions on the extent to which defence lawyers can cross-examine people in these cases," he told BBC Scotland News. "There's a trend towards pre-recording of evidence, which also makes the challenge to the evidence a bit more difficult, and this on top of it, where there's less evidence required for it to go to a jury. "There's a danger, if no second source is required, that that might just be enough for them." He said that experience showed that where a "flexible law" is introduced - like this - then it is "stretched and stretched". He added: "The distress would require to be recent for it to be seen as corroboration, but case law can develop and develop, and before you know it, we've got a case where the distress is seen five years after the event, and the appeal court just waive it through, and that standard of evidence is lowered again." If you have been affected by any of the themes in this story, help can be found at theBBC Action Line.
My abuser would be charged under new Scottish law
TruthLens AI Suggested Headline:
"New Scottish Law Allows Charges in Historic Child Abuse Case"
Bbc News
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TruthLens AI Summary
Emma Bryson, who was sexually abused as a child by a family member, has expressed that her abuser would now face charges under new Scottish laws regarding corroboration in sexual abuse cases. Bryson was only 10 years old when the abuse began, and despite reporting the incident at age 14, her case was not prosecuted due to a lack of sufficient evidence. The longstanding requirement for corroboration, which necessitated two independent sources of evidence to support a claim, often prevented such cases from reaching court. In 2022, however, a significant change was made in Scottish law when eight judges decided to overturn the 87-year-old corroboration rule, allowing more cases of sexual assault and rape to be prosecuted. Following this legal shift, the Lord Advocate, Dorothy Bain, reviewed Bryson's case and determined that there was now enough evidence to proceed with charges, even though her abuser had already passed away.
Bryson, along with fellow survivors Suzy Angus and Shirley Ross, founded the campaign group Speak Out Survivors to advocate for changes in the law after their own cases were similarly dismissed due to corroboration issues. Their efforts culminated in a redefinition of corroboration, which now allows for evidence of distress from the victim to be considered as part of the case. Bryson emphasized the importance of their campaign, stating that their goal was to improve the justice system for future victims rather than to seek justice for themselves. While the legal changes have been hailed as a victory, some defense lawyers have raised concerns about potential miscarriages of justice, arguing that reducing the standard of evidence required could lead to wrongful convictions. Despite these concerns, Bryson remains proud of the progress made, stating that her journey from victim to advocate has been empowering and fulfilling, and she has no regrets about the path she has taken.
TruthLens AI Analysis
The article highlights the significant changes in Scottish law regarding the prosecution of sexual crimes, particularly focusing on a woman's experience with the legal system after being abused as a child. It sheds light on the historical challenges victims face and the recent reforms aimed at providing justice in such sensitive cases.
Legal Reforms and Their Impact
The decision by judges to overturn the corroboration requirement in rape and sexual abuse cases is a pivotal moment in Scottish law. Previously, the necessity for corroboration often left many victims, like Emma Bryson, without a voice in the legal system. The acknowledgment that her abuser could now be charged under the new rules highlights a shift towards a more victim-centered approach in handling such delicate cases.
Public Perception and Community Support
This news could foster a sense of hope and empowerment within communities affected by sexual abuse. By showcasing the personal story of Ms. Bryson, the article aims to resonate with other survivors and encourage them to come forward. It could potentially create a broader dialogue around the need for legal reform and support for victims, thus generating community backing for similar cases.
Transparency and Hidden Agendas
While the article primarily focuses on the positive developments in the legal framework, it could also be interpreted as an attempt to draw attention away from ongoing systemic issues within the justice system. The narrative may be constructed to emphasize progress, potentially overshadowing other failures or inadequacies in addressing sexual violence.
Reliability of the Information
The article appears to be credible as it references specific legal changes and personal accounts, enhancing its authenticity. However, the framing of the story may carry a slight bias towards portraying the legal changes in a more favorable light, potentially downplaying existing challenges that victims still face.
Public and Economic Implications
The ramifications of this legal change could extend beyond individual cases, influencing public sentiment towards law enforcement and judicial systems. Increased confidence in the legal process may lead to more reports of sexual crimes, affecting the workload of police and courts. Economically, legal reforms could have implications for funding allocations in victim support services.
Support from Specific Communities
The narrative of reform and justice may particularly resonate with women's rights groups and organizations dedicated to supporting survivors of sexual violence. These communities are likely to view the changes as a positive step forward in advocating for victims' rights.
Considerations on Market Impact
While this news may not have a direct impact on stock markets, companies involved in legal services, victim support, or social work might see shifts in public perception and funding opportunities. Legal firms specializing in sexual abuse cases could also potentially see increased demand for their services.
Global Context and Relevance
This case reflects broader societal movements advocating for victims' rights across the globe. The changing legal landscape in Scotland may inspire similar reforms in other jurisdictions, aligning with ongoing discussions regarding sexual violence and accountability.
Artificial Intelligence Involvement
It is plausible that AI technologies have been utilized in drafting or optimizing this article for clarity and engagement. Models could help in structuring the narrative to highlight emotional aspects and legal reforms effectively. The focus on personal testimony combined with legal changes indicates a strategy to engage readers emotionally while conveying factual information.
Manipulative Elements
While the article serves a crucial purpose in raising awareness and promoting legal change, it may also be seen as manipulating public sentiment by potentially glossing over the complexities of the legal system. The language and emotional appeals could evoke strong reactions, aiming to rally support for ongoing reforms while possibly underrepresenting the challenges that still exist.
The article, overall, serves to inform and inspire while advocating for justice within a reformed legal framework. It is a compelling narrative that seeks to empower survivors and promote the importance of legal changes in addressing historical injustices.