The new campaign comes in response to an evaluation report on whether questioning practices had changed since barristers had to request permission to question on prior sexual experiences.
In coming to a decision on whether or not the evidence should be admitted, the judge or sheriff should only admit the evidence if he or she is satisfied that it is relevant to whether the accused is guilty of the offence, and the probative value of the evidence is significant and is likely to outweigh any risk of prejudice to the proper administration of justice….
The research found that applications to introduce this type of evidence in 72% of cases. Only 7% of applications were rejected. In most cases, the Crown did not object to defence applications.
From Rape Crisis Scotland