A TRAUMATISED victim of an alleged rape was locked up after she broke down in court while giving evidence.
Now the judge who ordered the woman be arrested and held in a police cell overnight has come under fire.
Critics said his treatment of the woman, who lives in the Falkirk area, was "appalling" and "inexcusable".
An urgent investigation has be
en launched by the Crown Office into Sheriff Roger Craik's decision.
Falkirk East MSP Cathy Peattie said: "This is like punishing the victim. I will be writing to the Crown Office demanding answers."
The 43-year-old woman was giving evidence during the trial of a Grangemouth pensioner who was later convicted of sexually abusing two young girls almost 40 years ago.
She broke down in the witness box at the High Court in Edinburgh during questioning about her alleged rape by George Cummings when she was just 12.
At one stage she became so upset she fled the courtroom but managed to regain her composure and returned to continue her evidence.
But, as she was being cross examined by Cummings' defence counsel, she
became more distressed and again attempted to flee.
Sheriff Craik, acting as a temporary judge, had her arrested and
remanded in custody.
The witness was forced to spend the night in cells at St Leonard's police station in Edinburgh, while she was medically examined on the orders of the judge.
Still in custody, she was brought back to court to continue her evidence before being freed.
The rape charge involving the woman was eventually dropped.
However, wheelchair-bound Cummings (69) was found guilty of sexually assaulting one young girl and using lewd and libidinous behaviour
towards another.
The woman has lodged a formal complaint about her treatment with Falkirk Procurator Fiscal Kenny Donnelly. In turn, he has referred it to the Crown Office for investigation.
It is understood senior officials are horrified by the actions.
This week, a Crown Office spokesman said: "Through our Victim
Information and Advice service, we have endeavoured to be supportive towards this witness at all times, as we would with all vulnerable witnesses.
"Having received her complaint, we will work alongside the Scottish Court Service to look into the circumstances of the case."
Labour's Cathy Peattie said: "The number of rape cases which get to court in Scotland is very low and for this woman to have got to this stage then be treated in this way is appalling.
"It is totally unacceptable to deal with a vulnerable witness in this way. An alleged victim of rape should be treated with understanding and respect."
Sandy Brindley, Rape Crisis Scotland's co-ordinator, said: "I'm appalled by this. It is not appropriate for someone to be dealt with in this way. It is traumatic for someone to give evidence and they should be able to expect some understanding.''
To counter fears that the witness's experience may put other woman off reporting sexual assaults, Central Scotland Police have given an assurance they will always investigate allegations.
Detective Pat Scroggie, of the force's family unit, said: "We would encourage anyone who wishes to report abuse to contact the police.
Specially-trained and dedicated officers are experienced in investigating such offences and can offer routes to further channels of support."
