News
13 May, 2025
K v P [2025] SC HAM 26
Fiona Drysdale KC was successful in this civil rape case in which she acted for the pursuer. The case was before Sheriff Speir in the Sheriff Court at Hamilton. This was a single complainer rape case which had not been taken forward by the authorities so there had been no prior criminal case. This case post dates the determination by the full bench in Lord Advocate’s Reference No 1 of 2023, 2024 JC 140 and PG and JM [2024] HCJAC 43 on de recenti statements. There was a delay in disclosure of the rape by the pursuer due to a medical condition so the statements were relied on as supporting evidence of lack of consent showing a consistency of approach rather than as classic de recenti statements. There was also an admission on WhatsApp.
The case has just been published on the Scot Courts website and the decision can be viewed here: https://scotcourts.gov.uk/media/yzdhf5gl/2025scham26-k-against-p.pdf.