Calls to give sexual assault victims legal right to attend parole hearings

Campaigners are demanding a legal shake-up to give victims of sexual violence the right to attend their attacker’s parole hearings, amid growing concerns over transparency in the justice system.

At present, survivors of serious crimes are not automatically allowed to be present when crucial decisions about an offender’s early release are made.

Only when a prisoner is serving a life sentence may victims apply to attend the hearing.

Critics argue this leaves victims sidelined in a process that can have a major impact on their lives.

'I feel devastated and disempowered'

The debate has been reignited by the case of Ellie Wilson, a rape survivor who was recently denied access to the hearing that will decide whether her attacker walks free before serving his full sentence.

The 27-year-old, who was assaulted by her ex-partner Daniel McFarlane while studying at the University of Glasgow, has spoken out about the emotional toll of being excluded.

She told Clyde 1: "The day of the parole hearing is going to be extremely stressful and difficult for me anyway.

"But the fact that I can't even attend, get the decision straight away, and understand why that decision has been made, makes it even more distressing.

"I honestly feel devastated and disempowered. I feel like the Parole Board doesn't care about me or other victims.

"The fact that they're saying that this isn't in the interests of justice, for me the victim, to attend a hearing which is really important to me and will impact my life - it's so, so concerning.

"I think it highlights how urgently we need reform."

'Impossible to overstate the importance'

Campaigners say her case highlights a wider issue in the parole system.

Victims can submit statements to the Parole Board, but many argue this is not enough, calling for them to be able to hear proceedings and see how decisions are made.

Rape Crisis Scotland has backed calls for change, stressing that victims should have a greater role in the justice system.

CEO of the charity, Sandy Brindley, said: “In Ellie's case, because it's what is called a determinate sentence, it doesn't fit within the criteria of having a legal right to request to attend.

"It is impossible to overstate just how important these hearings are for rape survivors.

"I think it can be really devastating to realise that actually, you're only allowed to request the right to attend the parole hearing in those certain circumstances.

"This is something that Scottish Government needs to legislate on and fix the gap, so that all rape survivors, regardless of the circumstances, have the right to be present at parole hearings.

"Not everybody wants this, but where someone does want it, it's so important for them to feel part of the process and this importance is recognised for them.

"This can be a really terrifying experience with people having to contemplate their rapist being released and being back in the community."

'Legislative change'

A spokesperson for the Scottish Parole Board said: "The Parole Board for Scotland does not comment on individual cases.

"A legal right for victims to attend parole hearings would require legislative change and is a matter for Scottish Ministers to consider."

The Scottish Government has said it is reviewing parole procedures, but there is no guarantee of legal reform.

Ellie is set to meet First Minister, John Swinney, on Wednesday to discuss reform of the parole system in Scotland.

Hear the latest news on Clyde 1 on FM, DAB, smart speaker or the Rayo app.