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Wednesday, May 13, 2020 | History

3 edition of Sexual history and sexual character evidence in Scottish sexual offence trials found in the catalog.

Sexual history and sexual character evidence in Scottish sexual offence trials

B. Brown

Sexual history and sexual character evidence in Scottish sexual offence trials

a study of Scottish Court practice under ss. 141A/141B and 346A/346B of the Criminal Procedure (Scotland) Act 1975 as inserted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985, s.36

by B. Brown

  • 125 Want to read
  • 40 Currently reading

Published by Scottish Office in (Edinburgh) .
Written in English

    Subjects:
  • Great Britain.,
  • Great Britain.,
  • Sexual abuse victims -- Legal status, laws, etc. -- Scotland.

  • Edition Notes

    StatementB. Brown, M. Burman, L. Jamieson.
    SeriesCentral Research Unit papers
    ContributionsBurman, M., Jamieson, L., Great Britain. Scottish Office. Central ResearchUnit.
    The Physical Object
    Paginationxiv, 87 p. ;
    Number of Pages87
    ID Numbers
    Open LibraryOL21272496M
    ISBN 100748004939
    OCLC/WorldCa29221212

    In June the Scottish Parliament published the Sexual Offences (Procedure and Evidence) (Scotland) Bill. The Bill may yet provide the Scottish Executive with one of its most testing periods as it endeavours to implement quite radical reforms to the current evidential and procedural provisions regarding sexual character evidence. Causing sexual activity without consent. 4. Causing a person to engage in sexual activity without consent. Rape and other offences against children under 5. Rape of a child under 6. Assault of a child under 13 by penetration. 7. Sexual assault of a child under 8. Causing or inciting a child under 13 to engage in sexual activity.

    It replaced older sexual offences laws with more specific and explicit wording. It also created several new offences such as non-consensual voyeurism, assault by penetration, causing a child to watch a sexual act, and penetration of any part of a defines and sets legal guidelines for rape in English is also the main legislation dealing with child sexual abuse (further details).Citation: c The Sexual Offences (amendment) act was replaced by the Youth Justice and Criminal Evidence() which sought new provision under S Under s41 no evidence can be adduced about the complaints sexual history unless the evidence relates to a specific incident within 24 hours of the alleged offence or is necessary to rebuilt prosecution.

    Questioning around a victim’s sexual history or character is restricted in sexual offence trials and the study said it was not possible from interviews with survivors to determine whether the questioning in court had “strayed beyond what was, or should have been permitted”. FEBRU SEXUAL OFFENCES - PRACTICE NOTE PAGE 6 candid account of the events in question”. (b) Testimonial aids Prior to the commencement of the trial or prelimi nary inquiry, the prosecutor should plan the presentation of evidence with a view to using means that.


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Sexual history and sexual character evidence in Scottish sexual offence trials by B. Brown Download PDF EPUB FB2

That far from tightening the use of sexual history and character evidence, the legislation had somehow made things worse2. The key findings of the research are: • 72% of trials featured an application to introduce sexual history or character evidence (these applications are known as S applications).

Brown B, Burman M, Jamieson L. Sexual History and Sexual Character Evidence in Scottish Sexual Offence Stationery Office, p. - Buy Sexual History and Sexual Character Evidence in Scottish Sexual Offence Trials (Central Research Unit Papers) book online at best prices in India on Read Sexual History and Sexual Character Evidence in Scottish Sexual Offence Trials (Central Research Unit Papers) book reviews & author details and more at Free delivery on qualified : B.

Brown, etc., M Burman. Sexual History and Sexual Character Evidence in Scottish Sexual Offence Trials. Research output: Book/Report › Other reportCited by: 5. The main provisions restricting the circumstances in which sexual history and character evidence is admissible in sexual offence trials are set out in sections and of the Criminal Procedure (Scotland) Act (‘the Act’).

The current provisions were insertedFile Size: KB. Office Central Research Unit (Brown, Burman & Jamieson), Sexual History and Sexual Character in Scottish Sexual Offence Trials (Edinburgh, ) and also J Temkin, ‘Evidence in Sexual Assault Cases: The Scottish Proposal and Alternatives’ () Modern Law Review at p.

File Size: KB. Under sect in general, evidence or questions about a complainant’s previous sexual history are not allowed in sexual offence trials.

The only exceptions are where a very strict set of Author: Ministry of Justice. Trials (Home Office Report: London, ); B. Brown et al., Sexual History and Sexual Character Evidence in Scottish Sexual Offence Trials (Scottish Office Central Research Unit: Edinburgh, Author: Clare Mcglynn.

The key issue in most sexual offence trials is whether or not the sexual activity was consensual. lifestyle and character, rather than on the defendant’s actions at the time of the alleged offence.

Further reading and references Clare McGlynn () ‘Rape Trials and Sexual History Evidence: reforming the law on third party evidence File Size: KB. Get this from a library. Sex crimes on trial: the use of sexual evidence in Scottish courts. [Beverley Brown; Michèle Burman; Lynn Jamieson] -- Victims of sexual crimes - both male and female - are often subjected to an intense scrutiny of both their 'sexual history' and 'sexual character' once the case is brought to court.

In character evidence in sexual offence trials and more recently with Michele Burman a small study monitoring the progress of sexual offence cases from first report to the police to final outcome in two police forces.

In addition to these specific pieces of research I attempt to keep up with certain literatures and debates around sexual offences. Research published by the Scottish Government in revealed a worrying increase in the level of questioning on sexual history and character which complainers of rape and sexual offences have to face in court.

The Sexual Offences (Procedure and Evidence) (Scotland) Act attempted to tighten restrictions on using such evidence. Historically, the prejudicial effect of rape myths and sexual history evidence has been problematic for the courts in sexual offence trials.

InParliament enacted s of the Youth Justice and Criminal Evidence Act to place stringent restrictions on sexual history evidence. However, these provisions have caused some difficulties for the.

EVIDENCE OF SEXUAL HISTORY IN SEXUAL OFFENCE TRIALS STEPHEN J. ODGERS* Introduction In the last few years, legislative attempts have been made to reduce the trauma experienced by complainants in trials of persons charged with a sexual offence.

Numerous reforms have been introduced in. Applications to introduce sexual history or character evidence were made in 72 percent of rape trials and granted in 93 percent of cases. Of those, one in five related to the sexual history of Author: Karin Goodwin. The potential for the use of sexual history and character evidence for undermining policy aims of encouraging women to come forward to the police to report sexual assault has long been recognized.

The Sexual Offences (Procedure and Evidence) (Scotland) Act sets out that sexual history or character evidence will only be allowed if the judge is satisfied it is relevant to whether the accused is guilty of the offence, and that its value is likely to outweigh any risk of prejudice.

Questioning around a victim’s sexual history or character is restricted in sexual offence trials and the study said it was not possible from interviews with survivors to determine whether the. sexual offence: a person (A) commits an offence if he intentionally touches another person (B), the touching is sexual, B does not consent to the touching, and A does not reasonably believe that B consents.

Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain.

trials (52%) for sexual offences other than rape. The type of sexual charge involved is a factor affecting Defence decisions to challenge the credibility of a complainer through the use of sexual history or character evidence.

Application decisions A total of s applications were made in 88 sexual offence trials. As in the base-line study,Cited by:. The law could be reformed to make clear that an alleged rape victim’s sexual history must not in future be used routinely as evidence in court, the attorney general has : Rowena Mason.Extracts from trials are used to highlight points made and many of these are very distressing.

This is an important book which clearly shows how common myths about rape are used to deny women justice. Sexual history and sexual character, evidence in Scottish sexual .An Act of the Scottish Parliament to prohibit persons charged with certain sexual offences from conducting their own defence at the trial; to provide for the appointment of solicitors to defend those persons where they do not make those appointments themselves; to prevent those persons from personally precognoscing or taking statements from alleged victims; to require those persons to give.