Reinterpreting the Scottish corroboration requirement: Lord Advocate’s Reference (No. 1 of 2023) as a ‘Feminist Judgment’

Abstract

Laws of criminal procedure and evidence have long been criticised by feminist scholars, particularly as they apply to rape and other sexual offences. Many countries have redefined rape and have enacted legislation to improve the experiences of rape complainers/the alleged victims at trial. It remains the case, however, that rape is a difficult crime to prove. Securing a conviction for rape is especially demanding in Scotland, where corroboration of the prosecution's case is a general requirement. The recent Scottish case of Lord Advocate's Reference (No. 1 of 2023) highlights many issues relating to rape—issues which have been raised by feminists in many jurisdictions—concerning law's gendered assumptions and biases. The article assess this case from a feminist perspective, and argues that it could be considered to be a ‘feminist judgment’.