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  4. Forensic Medical Services Bill is passed by Holyrood

Forensic Medical Services Bill is passed by Holyrood

11th December 2020 | human rights

Victims of sexual offences can request a forensic medical examination without having to report a crime under a landmark law passed by the Scottish Parliament.

The Forensic Medical Services Bill, which passed unanimously, underpins the work of the Chief Medical Officer’s Rape & Sexual Assault Taskforce to provide consistent, person-centred, trauma-informed healthcare and forensic medical services for anyone who has experienced rape or sexual assault in Scotland. 

It places a duty on health boards to give victims direct access to trauma-informed, person-centred forensic medical examination services and to retain certain evidence where a victim is undecided about reporting to the police. 

It ensures that victims are informed about what will happen to any evidence taken from them and the circumstances under which it will be shared with the police. In self-referral cases where no police report is made, victims can request the destruction of evidence and the return of certain items such as clothing.

An amendment proposed by Labour's Johann Lamont, to change the wording of the 2014 legislation providing for examinations to ensure that a woman can ask to be examined by a woman, rather than a "female" examiner, passed by 113 votes to nine. Members expressed concern that abusive comments had been posted on social media against those who had expressed views on this issue. 

Health Secretary Jeane Freeman undertook to continue efforts to have enough women examiners in place to achieve this, disclosing that 75% of examinations were carried out by a female examiner in the second quarter of 2020.

After the debate she said: "Victims of rape, sexual assault and child sexual abuse have suffered a grave violation of their human rights. This law will make it easier for adults to request an examination without reporting a crime, giving them a sense of control over what’s happening to them at a time when it has been taken away.

"We have already laid the groundwork for this. All examinations already take place away from police stations, and the £10 million we are investing includes funding for all health boards to create or enhance Sexual Assault Response Coordination Services with facilities for examinations. We are also committed to developing the role of nurse sexual offence examiners in Scotland.

Interim Chief Medical Officer, Dr Gregor Smith, said: “The Bill is a huge milestone that the Scottish Government and everyone involved should be proud of. The national Rape and Sexual Assault Taskforce was set up to drive improvements in services across Scotland, and under my leadership that is exactly what this Bill will help to achieve.

“The Taskforce has taken great strides towards ensuring that victims of rape or sexual assault receive a healthcare-focused response. I thank everyone who has contributed to the development of the Bill, in particular to those whose lived experiences have been central to this work.”

Click here to view the stage 3 debate. 

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