Rape victims given free access to Scottish court transcripts

Victims of rape and serious sexual assault cases in Scotland will be the first in the UK to have free access to court transcripts under a pilot scheme.

The year-long project, which begins on Friday, will give access to transcripts without payment of fees that can total thousands of pounds.

Complainers can apply for transcripts if their case was heard at the High Court from 2007 onwards - when digital recording began at Scotland's court service.

It will apply to all sexual assault trials, no matter what verdict was returned.

Hannah Stakes said court transcripts held the story of the most harrowing incidents in her life

The Scottish government said the aim of the pilot was to improve victims' experience of the justice system.

It will provide £100,000 funding to cover fees for accessing transcripts.

Hannah Stakes, who has spent years calling for better access to information, welcomed the move.

The 33-year-old had been campaigning for change after her rape case - which dated back to 2018 - resulted in a not proven verdict.

She almost gave up after giving evidence at the Scottish Parliament's justice committee in November 2021, raising with MSPs the issue of access to transcripts.

She begged the committee to give her the information and her plea led to the pilot programme which will begin on Friday.

Ms Stakes described the changes as "a long time coming" and believes access to court transcripts should be a fundamental right for those who need it.

She said the court experience was worse than the incident itself.

"When I came out [of the trial], it was just a very confusing thing to experience," she said.

"I felt like I needed a copy of that information in my hand. It’s my story.

"These transcripts pertain to the most harrowing incidents in my life.

"The assault itself and then the trial - which in my case I’d consider to be a lot worse."

Ellie Wilson said survivors should not be priced out of accessing vital data

Rape survivor Ellie Wilson, 26, whose attacker was jailed for five years in 2022, had to crowdfund for the £3,000 cost to access court transcripts.

She also welcomed the pilot and said it would help provide transparency in the justice process.

Ms Wilson claimed she was subjected to personal attacks in court by her rapist's defence lawyer and felt blamed for being assaulted.

To lodge a complaint, Ms Wilson needed a transcript costing £100 per hour of transcription.

Ms Wilson said survivors "should not be priced out of accessing vital data" that is relevant to their recovery.

She added: "It was so important for me to see that actually I wasn’t making it up. It happened exactly as I had believed it had happened."

Ms Wilson's complaint is now sitting with the Faculty of Advocates, which regulates the legal profession in Scotland.

Rape Crisis Scotland's Sandy Brindley said transcript fees were an "unacceptable barrier"

Rape Crisis Scotland said access to court transcripts allowed survivors to understand what happened in their case.

Chief executive Sandy Brindley said the high fees to access transcripts were an "unacceptable barrier to justice".

She added: "This is important because this is a really huge thing for complainers to give evidence in a rape trial.

"At the moment, complainers are left with no way of understanding what happened that might have led to the jury coming to that verdict."

Ms Brindley said the pilot should be part of a series of measures to "reduce the trauma" of sexual assault complainers in the justice system.

Scottish government justice secretary, Angela Constance, said that sexual assault victims had reported that the court process could be traumatic.

She added: “Victims have said currently the costs of paying for transcripts can be prohibitive.

"Being able to obtain transcripts, where victims can go over exactly what was said in court in their own time, can help their recovery.

“The pilot, along with the proposed reforms in the Victims, Witnesses and Justice Reform (Scotland) Bill, are aimed at improving sexual offence victims’ experience of the justice system so they can have confidence in it."

Ms Constance said the government would work with the Scottish courts service to examine how technology could be used to minimise the cost of transcripts.