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Cross-Examination of the Complainant in a Trial for Rape

NCJ Number
83705
Journal
Criminal Law Journal Volume: 5 Dated: (February 1981) Pages: 25-48
Author(s)
P McNamara
Date Published
1981
Length
24 pages
Annotation
This article summarizes the present and previous law relating to cross-examination of rape victims in Australia and other Commonwealth countries.
Abstract
The text analyzes the law in 1975 before the amending legislation and emphasizes its unsatisfactory character. The paper examines the various statutory reforms proposed, looking at the effects of each of the State amendments. In particular, changes in South Australian law under the Evidence Act are detailed. Despite changes introduced, it is predicted that the historical bias in favor of the accused is so entrenched in court practice that it is unlikely that this will be rapidly displaced even in the limited cases to which the new legislation applies. There has already been criticisms based on this view from the bench. Uniformity of legislation is needed throughout the Commonwealth. The basic elements that should be included in such legislation are listed. Footnotes are supplied. (Author abstract modified)