Scotland, multiple rapes, and 'corroboration'

[Terref]

https://www.bbc.co.uk/news/articles/crgyz0erxz1o

'Under Scots law, prosecutors can group two or more offences, each with a single witness, together in order to show jurors that the accused displays a pattern of behaviour.
It is most commonly used in sexual offence hearings, based on a case from 1930.'
...
'Under the doctrine, which applies in rape cases involving more than one alleged victim, juries must return verdicts finding an accused guilty of a similar offence against at least one other complainer.
Lord Hughes told jurors that because they were prepared to convict Mr Duchain on one charge, but not the other three, he would have to change that verdict to not proven.'

In the case referred to, the man was accused of raping three teenage girls in separate offences. The jury found enough evidence to return a guilty verdict in one case, but because they didn't find the same in the other two, the accused walked free.

This is outrageous. The law has to change.

https://www.thetimes.co.uk/article/alleged-rapist-walks-free-despite-being-found-guilty-of-one-attack-306qc0l20

Relevant Scotgov consultation.

'there were also calls, largely from advocacy organisations and individuals, for the requirements of the corroboration rule to be reduced for sexual offences.'

https://www.gov.scot/publications/not-proven-verdict-related-reforms-consultation-analysis/pages/6/

https://archive.ph/Qhhzp

Archived version

And just realised your username is a reverse ferret 😍

From the Times:

"In Duchain’s case the jury cleared him of two charges of raping a second girl, aged 15, removing the mutual corroboration required to convict him of raping the 17-year-old.

Sandy Brindley, chief executive of Rape Crisis Scotland, said the case emphasised the importance of ensuring juries were well-supported and informed about complex legal rules.

She said: “We have seen a number of similar cases, where it is clear that the jury did not understand the implications of Moorov, where one case corroborates another.
“In these circumstances, both cases require to be found guilty for a conviction. Our thoughts are with the complainers in this case having to deal with the distress this must be causing. If we are to continue using juries in rape cases, it is essential that they are properly supported to understand what are often very complex legal rules.”

You shouldn't need a completely different occasion of transgression to happen and for the jury to find a person guilty of a different transgression they have to agree he's also guilty of the other one (clear as mud but still half sleep, you know what I'm trying to say)

It's just nuts.

This article presents Moorov (the corroboration rule) as helpful for victims of sexual assault:

https://www.bbc.co.uk/programmes/articles/4fLc3C38gtKwkLsBkvlmZch/how-a-group-of-1930s-women-made-legal-history-in-a-case-which-helps-todays-victims-of-sexual-assault

' law lecturer Andrew Tickell explained the problem.

"In order to convict anyone of a crime in Scotland you need what's called two independent pieces of evidence for the essential facts of the case. So in terms of a sexual assault case what we need to prove is the assault took place firstly, and secondly it took place without consent.
"The complainer can tell us that the assault took place without their consent, but where is the second source of evidence? Then, as now, there frequently isn't any. So in a classical corroboration analysis you couldn't prosecute these cases."

Similar fact evidence

When the case came to trial in 1930, the prosecution tried a concept known as similar fact evidence for the first time. They argued that if several complainers testified to similar assaults by Moorov over a short period of time they could corroborate each other.

The tactic succeeded; Samuel Moorov was found guilty of seven counts of assault and nine counts of indecent assault and sentenced to four years of hard labour. On appeal, all counts of indecent assault were upheld but the seven assault charges were quashed. Moorov's sentence was reduced to 12 months imprisonment with no hard labour.
The impact of this controversial case is still felt in Scottish courtrooms. The method of corroboration became known as the Moorov Doctrine and is used on a daily basis in cases of sexual assault and historical abuse.''

Please everyone share this story everywhere make the scottish government change the law, start petitions post it on social media, this man is now free to do as he please until he gets caught again, let's make his face known, maybe it will save another young girl being attacked. Please.

https://www.bbc.co.uk/news/articles/c977d35l7mjo