Thread by @rapecrisisscot

Tonight we are in Glasgow with @missmjustice, @SarahJustRight & Simon Di Rollo QC to talk about civil damages cases for rape ⚖️.

Follow #insearchofjustice to follow the event ⬇️

‘The purpose of both these cases was not to do with getting sums of money, it was to do with getting a civil court to make a finding, that somebody had been raped.’ - Simon Di Rollo QC sets out the motivations for pursuing civil cases. #insearchofjustice

‘What civil actions have the possibility of doing in certain situations is providing a person with a remedy - I don’t suggest that it’s an ideal situation nor preferable to an improved criminal system’ - Simon Di Rollo QC #insearchofjustice

Simon Di Rollo QC argues that improving the criminal system requires vast attitudinal change: ‘the way people regard these offences, not just within the system but potential jurors must change’ #insearchofjustice

‘The truth finding process in the criminal courts seems to involve too much performance and not enough analysis’ - Simon Di Rollo QC #insearchofjustice

‘Within civil cases the judge must sit and analyse the evidence and make a reasoned decision and write that down; that makes a difference I think‘ - Simon Di Rollo QC #insearchofjustice

‘I do think that we should look to modify the law so the requirement for corroboration should not apply at the very least to the act of penetration’ - Simon Di Rollo QC #insearchofjustice

‘Civil action in both cases in Scotland has been useful in both cases in providing some sort of vindication.’ - Simon Di Rollo QC speaks about justice and validation as key motivations, not money. #insearchofjustice

Now onto @SarahJustRight who speaks about why Miss M’s case was taken by the @swrc_ both as crucial to her recovery and ‘to shine a spotlight on some of the issues within the criminal justice system and what needs to be improved.’ #insearchofjustice

‘In our experience it is the recognition people are seeking, rather than anything financial’ - @SarahJustRight #insearchofjustice

‘In a criminal case the complainer is a witness and the way it’s described to us is that people feel as though they are on the periphery, in a civil case the pursuer drives the case themselves, and usually a lot of involvement is necessary’ - @SarahJustRight #insearchofjustice

Sarah speaks about the involvement of the pursuer and that as being ‘crucial to reclaiming some of the power that has been taken from someone in any type of gender based violence’ #insearchofjustice

‘There is a misconception that there doesn’t need to be much evidence in a civil case, actually there is still a very high bar required’ - @SarahJustRight speaks about the significant amount of evidence gathered in Miss M’s case #insearchofjustice

‘Anonymity in civil cases is not guaranteed and it is not immediate, which can prove to be a problem for some people, but it can be applied for and secured.’ - @SarahJustRight #insearchofjustice

‘Civil cases cannot and should not replace the criminal system’ - @SarahJustRight #insearchofjustice

‘By remaining anonymous I hoped I could limit the number of threats made against me’ @missmjustice sets out the many reasons why chooses to remain anonymous, principally privacy and safety. #insearchofjustice

‘Pretending I was fine started to take its toll on my mental health, I couldn’t sleep and the night terrors of being attacked were increasing’ - @missmjustice #insearchofjustice

‘Months later I realised I couldn’t change what happened to me but I might be able to stop him doing it to someone else.’ - @missmjustice #insearchofjustice

‘The support I was shown by the police was not shown by the procurator, I became a witness to my own case’ - @missmjustice #insearchofjustice

Miss M speaks about the response from the Crown Office as being disorganised, with delays and schedule changes causing significant distress. #insearchofjustice

‘My hope and belief in a process I’d relied on so heavily started to fade’ @missmjustice speaks of feeling powerless, as the case was closed and key witnesses including her surgeon were not called. #insearchofjustice

‘The Not Proven verdict did not provide closure, it was an insult the trauma I’d been through and the tenacity I’d shown over the past years. It felt like I’d been given a life sentence.’ - @missmjustice #insearchofjustice

‘After months of searching for someone who could help me, I came across the @SWRC_’ - Miss M #insearchofjustice

‘I had always blamed myself for not fighting back, and not going to the police straight away. But this is okay. I learned not to blame myself. The blame lands at the feet of the man who raped me. It was not my fault.’ - @missmjustice #insearchofjustice

Miss M speaks about the positive impact of having involvement within the civil case, in ensuring the important aspects were investigated.

It took 5 year and 2 weeks for Miss M to secure justice. #insearchofjustice

‘Stephen Coxen took my control when he raped me and the criminal courts compounded that.’ - @missmjustice #insearchofjustice

‘I will spend the rest of my life fighting for other rape survivors to get justice, as the @SWRC_ and Simon Di Rollo fought for me.’ - @missmjustice ends her speech with powerful words to a standing ovation from the audience ⚖️

Q&A time 🗣

‘My main recommendation for criminal justice system would be to introduce independent legal representation for complainers, not to take over the case, but to safeguard the interests of the complainer investigation and prosecution.’ Simon Di Rollo QC

// This would mean someone separate to the Crown or Defence who would represent the interests of the complainer, rather than the public interest.

Counsel cross examination of complainers is noted by all as specifically traumatising for survivors; it’s incredibly important to change how complainers are treated in court.

From @missmjustice: ‘don’t call us liars, it has a profound effect on our recovery.’ #insearchofjustice

People to follow:

🗣 @missmjustice

⚖️ @SWRC_

▶️ @SarahJustRight

Websites to look up:

▫️scottishwomensrightscentre.org.uk

◾️rapecrisisscotland.org.uk/not-proven/

Hashtags to follow:

#fightingforjustice
#insearchofjustice