The Mudcat Café TM
Thread #127384   Message #2844403
Posted By: Emma B
19-Feb-10 - 02:55 PM
Thread Name: BS: 'Some rape victims should take blame'- ??
Subject: RE: BS: 'Some rape victims should take blame'- ??
Richard, the report I posted at 9.01 today was published in 2000

Section 41 of the 1999 Act replaced section 2 of the Sexual Offences (Amendment) Act 1976 and came into effect in Dec 2000
The new legislation offered complainants in sexual offence cases better protection against unnecessary cross-examination on their sexual behaviour.
It provides a more structured approach to decision-taking and sets out more clearly when evidence of previous sexual history can be admitted in rape cases

Evidence of previous sexual behaviour can only be used with the leave of the court
The court must be satisfied that to refuse leave would result in the jury, or the court, reaching an unsafe conclusion on a relevant issue at trial.
The courts will also refuse permission if they believe that the real main aim of evidence claimed to relate to a relevant issue is simply to undermine the complainant's credibility.

Other measures in the 1999 Act, to protect victims of rape and other sexual offences from being cross examined by the defendant in person in court, were implemented on 4 September 2000.