HER shoulders are up, her body visibly wound up tight with anxiety and fear as she recounts the sexual and domestic violence she says she experienced.

The details of what allegedly happened in Clydebank to Jane – not her real name – can’t be published because the accused has yet to face trial.

An expected day in court has been kicked nearly a year down the road into 2023 – prompting Jane to speak out about the impact delays in the system are having on her and others of waiting for justice.

Jane is calling for minimum guarantees for getting cases to trial – something currently only offered to an accused person held in jail.

“If I was to choose now, being with him or going through this process, I would rather be with him because I could read him,” said Jane, who is in her 20s.

“It was easier being with him. If, when I gave my first statement to police, I’d been told a trial would not call until 2023, I would have walked out.”

The law requires an accused person held on remand to face trial within 140 days. The court can extend that, and there have been previous reports about prisoners languishing in jails for months.

But there is no such protection for survivors living in the community, locked up in a different kind of jail – fear.

“I feel like a prisoner in the community,” Jane said. “It’s horrible.

“I have changed my car twice in a year because I’m paranoid he knows what I drive.

“It’s waiting for him to do something. I said to someone, ‘I just want him to do whatever he wants to do so he gets remanded’.”

And the feeling of being a prisoner would continue in court. Having been introduced to the court building ahead of the trial before it was called off earlier this year, Jane would have had to be in a room without windows.

She didn’t feel she could go out at lunch in case she bumped into the accused, and said she felt she would be treated more like a prisoner than the accused.

The ASSIST service, works with survivors of domestic abuse and has offices across the west of Scotland, including Glasgow and Dumbarton.

It also helps create a safety plan, links them to recovery systems, and guide them through the court process.

Reacting to Jane’s description of her, a spokeswoman for ASSIST said: “Victims of domestic abuse deserve a swift and supported journey to justice and safety.

“During the pandemic ASSIST supported hundreds of victims impacted by lengthy delays, to their trials and these have continued for many post pandemic.

“Victims repeatedly tell us of the distress that this causes and the significant impact on their emotional and physical wellbeing and safety.

Family, friends and children are also impacted and may be required to give evidence.

“Despite this, we would encourage all victims of domestic abuse to continue to report to the police. ASSIST will continue to highlight the need for the funding, resources and understanding of domestic abuse required to support victims during this challenging time.”

Researchers who have studied court delays to sexual and domestic violence cases said they were not surprised by Jane’s story.

Dr Katy Proctor, a lecturer in criminology and policing, and Dr Nancy Lombard, both at Glasgow Caledonian University, told the Post many survivors came away from the justice system feeling it was “disempowering, frustrating and frightening”.

They said: “During our research, women reported that the long period of time between reporting and their cases reaching court often had a significant impact on their lives and in particular their mental health.

“Many said that the time it took for the criminal justice system to deal with their cases left them feeling disempowered and with no control because their lives were essentially on hold until it was over.

“They felt that their abuser still had control over them during this time.

“Our research also found that perpetrators were able to manipulate criminal justice procedures to their own benefit, creating further delays and opportunities to continue their abuse.

“For these reasons, although we feel there should be greater protections for victim/survivors, in the current system we would be cautious of time restrictions being placed on cases being brought to trial as perpetrators may be empowered to escape justice by simply stalling proceedings until the clock ran down.”

Sandy Brindley, executive director of Rape Crisis Scotland, agreed the pandemic made delays worse and said the government needed to do more for women whose lives have been put “on hold” by delays to the justice system.

She said: “The government needs to do far more to address these delays and stop putting rape survivors in such a terrible position.

“Some rape complainers we are supporting have actually withdrawn from the process as they just can’t cope with the impact of the delays and uncertainty on their wellbeing.”

Scottish solicitors agreed the backlog in cases was having a major impact on witnesses, and the accused.

Stuart Munro, convener of the Law Society of Scotland criminal law committee, said: “A strength of the Scottish criminal justice system had been its respect for timescales, such as those for custody cases.

“But the pandemic has adversely lengthened the time people are held on remand, with an undoubtedly detrimental impact on the complainers and witnesses involved.

“A number of measures were introduced to keep the courts running during the pandemic and to address the current backlog. We will continue to work with government and the courts to help address these issues.

“An effective criminal justice system must ensure that those who are accused of criminal conduct are dealt with promptly, while minimising the impact of delays on complainers and respecting the rule of law and the interests of justice.

“While things are improving and more cases are being brought forward, issues remain and it’s vital that all those involved in the criminal justice sector continue to communicate, collaborate and plan for how the courts will operate post-pandemic.”

The Crown Office and Procurator Fiscal Service (COPFS) could not comment on Jane’s case, but told the Post: “The COPFS is committed to assisting and supporting victims and witnesses through the prosecution process.

“Scotland’s prosecutors will continue to work with justice partners to ensure victims are treated with dignity and respect, and that cases progress as efficiently as possible.”

Jane said she was told court officials were “appalled” at the delay to the trial, but that doesn’t help the case move forward.

She wanted the whole process to end but has since renewed her vow to take the stand at the trial.

Jane explains: “It’s not just me. It’s my family, my friends, who will have to give evidence.

“It’s easy to say, ‘delays are normal’, but it’s not normal. There should be a guaranteed time for victims. I put everything into the original trial date but what if this happens again?

“There are other cases that are live, but before you know it, this is going to be historical. How long are they going to keep it going?

“In the lead up to the trial, it was all I was focusing on. I refuse to go on medication or have any assessments done. My GP has told me it is classic PTSD.

“I feel I have to remember everything or I will be made out to be a liar. I put so much into this trial so then I could start counselling.

“In an ideal world, I’d be able to start counselling now and starting to move on.”

Jane also suggests there needs to be more funding to ensure there are enough courtrooms and officials for trials to go ahead.

She says judges seem to make decisions without thinking about victims, and they don’t understand domestic abuse.

She adds: “I understand innocent until proven guilty. But I wish someone would say to him. ‘You cannot keep doing this - eventually the law will catch up to you’.”

Jane added: “It’s been part of my life for years. When it’s done, I don’t think it will be my closure. A part of me will always think I should have done something sooner to protect others.

“I hope there will be a life beyond this.”