Sexual Assault Victim 'Failed' By Justice System

A Scottish woman with learning difficulties living in council care, who was sexually assaulted over a period of years, was "failed by the justice system" a damning report has concluded.

The women, known as 'Miss A', aged 67, was reported to have been sexually assaulted or raped by five men over the past decade, when she was aged between 58-65.

The Mental Welfare Commission, which today published its report - entitled 'Justice Denied' - released its findings into the treatment of the woman, saying that services responsible for Miss A's care failed to protect her from a series of serious sexual assaults. The report goes on to say that, in addition to failures to effectively protect Miss A, the combined responses of services effectively denied her access to justice.

The 84-page report revealed that, despite several reports to police and referrals to procurators fiscal, the three men involved in the attacks were never taken to court.

The report said: "These assaults had taken place over a prolonged period of time by several individuals who were known to Miss A.

"We also found that, in combination with those of health and social care services, the responses of the criminal justice system had effectively denied Miss A access to the criminal justice system."

The report continued: "These apparent failings mean that no-one has been prosecuted for alleged offences against Miss A.

"Those who pose a known risk to her safety remain at large within her community, while Miss A continues to endure a protective regime that effectively deprives her of much of her dignity."

Among its recommendations, the Commission calls for expert training for social workers, NHS staff, the police and others working in the criminal justice system. They expect this would result in more reliable evidence being obtained and an increased opportunity to bring cases to court under existing legislation.

Social Work Commissioner and Chair of the investigation team, George Kappler said: "People with a learning disability and their carers must have the confidence to report serious crimes. We are aware of cases where people with learning disabilities have achieved justice through the courts and we would like to see more done to build on these successes."

Mr Kappler concluded: "Our experience, from direct contact with service users and service providers, suggests that we still have some way to go before we can say that people with learning disabilities are able to access justice on an equal basis to other Scottish citizens."

(JM/KMcA)