NCJ Number
91215
Date Published
1983
Length
38 pages
Annotation
Scotland's laws of evidence for rape and other sexual offenses need reform and clarification, because they do not reflect contemporary sexual habits and attitudes and often cause unacceptable trauma and distress to those who claim to have been the victims of such offenses.
Abstract
Particular problems are the allowing of wide-ranging inquiries into a woman's sexual history and the lack of clarity in some areas. Total prohibition of certain classes of evidence would be inappropriate, as would leaving judges with complete discretion. The court should not admit questioning or evidence which shows or tends to show that a complainer has at any time been of bad character, associated with prostitutes, or engaged in prostitution. Questioning or evidence should also be excluded which shows or tends to show that a complainer has at any time engaged with any person in sexual behavior not forming part of the subject matter of the charge. These prohibitions should not apply to questioning or evidence adduced by the Crown, however. Under certain other circumstances, such questioning should be allowed as well. Applications to lead evidence or to ask questions prohibited under these two questions should be permitted at any time during the course of a trial and should be heard in the absence of the jury, the complainer, any person cited as a witness, and the public. These reforms should apply to rape, attempted rape, sodomy or attempted sodomy, assault with intent to rape, indecent assault, indecent behavior, and various other statutory offenses. A draft bill is included.