Holyrood committee backs Forensic Medical Services Bill

Proposed legislation to put the healthcare needs of victims of sexual offences at the forefront of forensic medical services have been supported in principle by the Scottish Parliament's Health & Sport Committee.

In its stage 1 report on the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Bill, the committee welcomes the reforms, though it would like to see the bill strengthened as respects the information provided to victims.

The bill places responsibility on NHS boards to provide forensic medical services to victims of sexual offences. It would also allow victims over the age of 16 to self-refer to NHS facilities and have forensic evidence taken and retained, before deciding if, how and when they want to report the incident to the police. 

The report supports the approach that the individual has a right to decide whether to report to the police. Self-referral, the committee believes, empowers individuals, giving them choice and control around accessing medical support, as well as potentially reducing the psychological trauma. 

However, the committee would like to see the bill strengthened to ensure victims are provided with the information they need when deciding whether to report. If information is not readily available on areas such as the length of time evidence is retained, individuals cannot make an informed choice about whether, or when, they involve the police. Furthermore, self-referral will only benefit victims if they are made aware it is an option.

It makes certain further recommendations, including:

• The bill should be amended to allow the age limit of self-referral to be altered in future. Although the committee is satisfied with the age limit of 16, it recognises there are legitimate concerns. The Scottish Parliament should therefore have the right to amend this in the future.
• The bill should focus on the importance of easy access to necessary information, supporting individuals in making informed choices. 
• The bill should include a statutory right to independent advocacy, to ensure victims can make informed decisions.
• There must be a 24 hour, seven day, forensic medical examination service. 
• NHS Scotland should produce an annual report on the progress and effectiveness of forensic medical examinations.

Committee convener Lewis Macdonald MSP commented: "Our committee supports this legislation and believes it is a much-needed step forward in putting victims' needs and rights first, whilst also improving access to forensic medical examinations. 

"This bill empowers victims, placing the decision of whether to report incidents in their hands and this principle is one that is strongly supported by the committee.

"However, we want to make sure that those who do self-refer are making an informed choice, and providing a statutory right to independent advocacy would assist in achieving this."

Click here to view the committee's report.