Chamber and committees

I assume that that is not a road that you would want to go down if we could get the balance right with what you consider to be a fair jury size.

So, in the new court, it would not be mandatory and people could choose not to submit pre-recorded evidence.

Do you have concerns about any perception that a sexual offences court would be downgraded, because it would be less—shall we say—sombre and serious than a High Court, which, traditionally, has dealt with rape and murder cases?

Good morning, Lord Advocate. To follow on from John Swinney’s line of questioning, I note that, in your previous evidence to the committee, you said that only 20 per cent of single-complainer rape cases resulted in convictions. Setting aside corroboration, as it is not in the bill, do you think that the removal of the not proven verdict would improve that situation?

That is fine. I just wanted to clarify that.

That is great.

Good morning. Professor Thomas, your research casts doubt on the existence, or the prevalence, of rape myths. However, your results show that 43 per cent agreed with the statement:

“I would expect anyone that was raped to be very emotional when giving evidence in court”.

We heard some very powerful evidence from survivors, one of whom said that she felt that she was penalised because she was not crying; it was not how she was dealing with her trauma on that particular day. She was also told that she could not sit in the public gallery, because it would be a bad look. We have heard a lot of evidence like that.

Another part of your research says that 23 per cent agreed or were not sure that,

“If a woman sends sexually explicit texts or messages to a man she should not accuse him of rape later on”.

I find that very concerning. The numbers that I have quoted—43 per cent and 23 per cent—are not small. Do you find that concerning?

I have a brief supplementary question on what you have just said. I understand that you have been involved in civil cases involving personal injury actions for rape et cetera, in which the decision was made by a judge sitting alone. Does that change the way that the case is presented?

That is interesting. Thank you.

Going back to the 43 per cent, do you agree that that is a rape myth? You just said that judges have—