The Courts Applied Scotland’s Rape Shield Laws Wrong Now Innocent Men Are Rotting in Jail
By Accused.Scot
14 November 2025
Last night, in a packed Glasgow hall, two of Scotland’s sharpest legal minds – Tommy Ross KC and Angela Gray KC – dissected the UK Supreme Court’s bombshell ruling on Scotland’s rape shield laws. The event, hosted by the Scottish Association for the Study of Offending (SASO), wasn’t just another legal debate. It was a public autopsy of a justice system that has been rigged against the accused for years.
The system is broken. Innocent men are in prison.
And nobody in power seems to give a damn.
The Supreme Court Said It: Scottish Courts Broke Human Rights Law
Let’s start with the nuclear truth dropped by the UK Supreme Court on 12 November 2025 in Daley & Keir v HM Advocate:
Scottish courts have been applying rape shield laws in a way that “is liable to breach Article 6” – the right to a fair trial.
That’s not opinion. That’s binding law.
The problem?
Scottish judges were banning evidence before it even reached the rape shield test – using a twisted version of “common law relevance” to silence the accused.
- Sexual history? Irrelevant.
- Motive to lie? Irrelevant.
- The accused’s own words? Chopped up until they made no sense.
As Tommy Ross KC put it:
“It’s not justice. It’s shameful that it took five Justices in London to tell our judges how to do their job.”
Real Cases, Real Lives Destroyed
Tommy didn’t just talk theory. He named the lies that nearly sent innocent men to jail:
- The Wemyss Bay Train Case (2012)
→ Woman claimed rape on a train.
→ CCTV showed consensual sex.
→ She admitted lying. Sentenced to community payback.
→ Without CCTV? He’d be in jail. On the sex offender register. For life. - The Hamilton Taxi Driver
→ Woman claimed rape in Strathclyde Park.
→ GPS proved she was never there.
→ She tried to withdraw her guilty plea – backed by Rape Crisis.
→ Without GPS? Another innocent life ruined. - The Keir Case
→ Accused said: “It started in the pub, continued in the taxi, ended in the bedroom.”
→ Judge deleted 90% of his evidence.
→ Jury heard: “We had sex.”
→ Convicted.
Angela Gray KC added:
“The jury must hear both sides. Hiding evidence doesn’t protect complainers – it protects bad decisions.”
The Cultural Rot: “Rape Myths” Used to Silence Truth
Dr Stuart Waiton (Abertay University) nailed the cultural problem:
“We now have a therapeutic elite that treats common sense as bigotry. Juries are told they can’t be trusted. That’s not justice – that’s authoritarianism.”
The Supreme Court mentioned “rape myths” 20 times – but never defined them.
Tommy’s response?
“If a woman texts ‘Let’s do X tomorrow’ – and X happens – how is that irrelevant to consent? That’s not a myth. That’s evidence.”
The Innocent Men in Prison – Who Will Free Them?
Here’s the ugly truth nobody wants to say:
Hundreds of men may be in prison right now – convicted in trials that breached Article 6.
- Appeals? Years away.
- CCRC? Flooded.
- Retrials? Maybe. But who pays for the trauma?
One audience member – a victim of the system – stood up and demanded:
“What are YOU doing about it? Somebody needs to stand up for us.”
Tommy’s answer was brutal:
“You’re right to be angry. I quit doing these cases so I could say this out loud. The legal profession failed you.”
What Needs to Happen NOW
The Supreme Court didn’t just criticise – it demanded change. Here’s what must happen:
| ACTION | WHO MUST DO IT |
|---|---|
| 1. Immediate review of all post-2015 sexual offence convictions | Scottish Government + Judiciary |
| 2. Fast-track appeals for Article 6 breaches | SCCRC + High Court |
| 3. End secret Section 275 hearings – open them to scrutiny | Lord Justice General |
| 4. Mandatory expert evidence (s.275C) to explain behaviour | Crown Office + Defence |
| 5. Public education – let juries see the full picture | SASO + Media + YouTubers like Tommy |
Your Move, Scotland
This isn’t about “men vs women”.
This is about truth vs lies. Evidence vs silence. Justice vs ideology.
The Supreme Court has ripped the mask off.
Now it’s up to you.
- Share this article.
- Demand a public inquiry.
- Ask your MSP: “How many innocent men are in jail because of this?”
- Support accused.scot – we’re one of many saying it out loud.
Because if we don’t fight for the innocent now, the next victim could be your son, your brother, your friend.
“The greatest legal engine for the discovery of truth is cross-examination.
When you silence it, you silence justice.”
– Tommy Ross KC, 13 November 2025
Watch Tommy Ross KC’s YouTube channel for plain-English breakdowns:
youtube.com/@thomasleonardrosskc4092
Accused.Scot – Because Silence is Complicity.