NCJ Number
59851
Journal
Medicine, Science and the Law Volume: 19 Issue: 1 Dated: (JANUARY 1979) Pages: 25-28
Date Published
1979
Length
4 pages
Annotation
BY EXAMINING ENGLISH CASE LAW, THOSE ASPECTS OF THE COMPLAINANT'S CONDITION WHICH SERVE AS CORROBORATIVE EVIDENCE IN RAPE CASES ARE IDENTIFIED.
Abstract
JUDICIAL DECISIONS SHOW THAT CORROBORATIVE EVIDENCE OF RAPE MAY BE OBTAINED FROM THE VICTIM'S CONDITION ONLY IN LIMITED CIRCUMSTANCES. EVIDENCE OF VIOLENCE IS NOT SUFFICIENT TO ESTABLISH RAPE, SINCE INJURY COULD HAVE RESULTED FROM OTHER MEANS THAN THE ACT OF RAPE. HOWEVER, EXTREME INJURIES TO THE GENITALS ARE MOST LIKELY TO BE ACCEPTED AS CORROBORATIVE EVIDENCE THAT RAPE HAS OCCURRED. THE GENERAL APPEARANCE, DEMEANOR, AND EMOTIONAL STATE OF THE COMPLAINANT ARE OTHER FACTORS SOMETIMES USED BY THE PROSECUTION AS CORROBORATIVE EVIDENCE. DECISIONS IN WHICH APPEARANCE HAS BEEN CONSIDERED SUGGEST THAT VARYING WEIGHT MAY BE GIVEN TO SUCH EVIDENCE. A COMPLAINANT'S 'DISHEVELLED CONDITION' IS CONSIDERED EQUIVOCAL IN RELEVANT CASES, AS IT MAY HAVE BEEN CAUSED BY ROUGH HANDLING DURING A SUCCESSION OF ACTS OF INTERCOURSE TO WHICH SHE CONSENTED. IN A NUMBER OF CASES, THE COMPLAINANT'S DISTRAUGHT MANNER MAY HAVE PROVIDED CORROBORATION OF HER STORY. HOWEVER, THE COURTS HAVE BEEN EXTREMELY CAUTIOUS ABOUT THE VALIDITY OF SUCH EVIDENCE. THE COURTS HAVE ALSO REPEATEDLY STRESSED THAT A DISTRAUGHT CONDITION MAY BE FEIGNED AND SHOULD THEREFORE BE TREATED WITH CONSIDERABLE SUSPICION. HOWEVER, IT WOULD NOT BE CORRECT TO SAY THAT EVIDENCE OF A DISTRESSED CONDITION IS OF NO CORROBORATIVE VALUE. IN ONE CASE, IT WAS DECIDED THAT THE WEIGHT GIVEN TO THE DISTRESSED CONDITION OF THE COMPLAINANT SHOULD DEPEND UPON SUCH FACTORS AS THE AGE OF THE COMPLAINANT, THE TIME INTERVAL BETWEEN THE ALLEGED ASSAULT AND WHEN SHE WAS OBSERVED IN DISTRESS, HER CONDUCT AND APPEARANCE IN THE INTERIM, AND THE CIRCUMSTANCES EXISTING WHEN SHE WAS OBSERVED IN THE DISTRESSED CONDITION. REFERENCES ARE PROVIDED. (RCB)