A rape survivor will have to sign a gagging order to protect her attacker’s privacy if she wants to watch his plea to be freed from prison.
Ellie Wilson last night accused the parole board of “silencing her”.
Her ex Daniel McFarlane was jailed for five years after she covertly recorded him confessing to rape.
In December the parole board could not agree if he should be released early and an oral hearing is scheduled for February 14.
As parole hearings are private proceedings, Ellie, 27, must sign a confidentially agreement – barring her from discussing what she sees or hears if she wants to observe McFarlane’s hearing next month.
Ellie, who waived her anonymity, said: “We are increasingly having discussions about justice reform now and making the system more trauma informed, but the parole system seems to have been largely left out of the conversation.
“What is shocking to me is the fact I have to sign a confidentiality agreement if I observe the hearing.
“Why the secrecy? It’s shameful.
“I waived my anonymity so I could find my voice again, tell my story, and expose the failures in the system. And now I’m being silenced. It’s so disempowering. If I want to attend I have to sign it unfortunately.”
Observer confidentiality and nondisclosure agreements state that anyone observing a parole hearing cannot “communicate any information” without the permission of the Chair of the Parole Board.
Doing so could amount to a breach of confidentiality,
Medical student McFarlane, 26, was jailed for five years in July 2022 for two rapes which took place in December 2017 and February 2018. The attacks took place when he was 19 and a student at Glasgow University.
Ellie used her iPhone, hidden in a handbag, in 2019 to covertly record McFarlane confessing.
Thanks to her brave actions, he was forced to face charges in court.
Two years into his sentence, Ellie was informed by the Scottish Prison Service that he was being considered for parole.
Ellie has previously slammed the Parole Board for Scotland after they set her attacker ex’s hearing for Valentine’s Day which also falls around the anniversary of when she was attacked. She added: “The system is so inflexible.”
In December Ellie and rape survivor Hannah McLaughlan launched a campaign to improve the rights of victims during their attackers’ parole process.
Kate Wallace, Chief Executive of Victim Support Scotland, said: “There are many improvements needed to ensure the system operates in a trauma-informed manner.
“Victims must be listened to so the parole system can operate in a way that is considerate to their needs and doesn’t add unnecessary stress.”
The Parole Board for Scotland said it does not comment on individual cases.
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