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NCJ Number:	113149

Title:	Rape and Allied Offenses: Procedure and Evidence

Document:	PDF

Date Published:	1988

Annotation:	This report examines procedure and evidence in the prosecution of sexual offenses, particularly rape and indecent assault, in Victoria, Canada; and makes recommendations for reforms.

Abstract:	Overall, an analysis indicates that legal rules relating to the adjudication of sexual crimes may impose unnecessary but significant stress upon complainants. Improvements are needed to enhance the position of the complainant without prejudicing the right of the accused to a fair trial and to improve the way sexual cases are handled by the legal system. Specific reform recommendations relate to education of judicial officers, court building arrangements, police procedures, system monitoring and evaluation, preliminary examinations, informants, cross-examination, and rights of the accused. Others consider pre-committal and pretrial time limits and their extension, jury composition, complainant anonymity and protection, public access and media coverage, the prompt-complaint doctrine, and the admissibility of sexual history evidence. General principles underlying suggested reforms are outlined, and commentary and related considerations accompany each of the 24 recommendations. An appendix contains draft legislation to amend the 1958 Crimes Act, the 1958 Evidence Act, and the 1975 Magistrates Court (Summary Offenses) Act.

Main Term(s):	Rape law reform

Index Term(s):	Canada; Court procedures; Criminal Justice System Response to Victims; Rights of the accused; Rules of evidence; Victim-witness legislation; Victims rights

Publication Number:	ISBN 0-7241-6635-1

Sponsoring Agency:	National Institute of Justice/ Rockville, MD 20849 NCJRS Photocopy Services Rockville, MD 20849-6000 Victorian Law Reform Cmssn Melbourne Victoria 3000, Australia

Corporate Author:	Victorian Law Reform Cmssn Australia

Sale Source:	National Institute of Justice/ NCJRS paper reproduction Box 6000, Dept F Rockville, MD 20849 United States of America NCJRS Photocopy Services Box 6000 Rockville, MD 20849-6000 United States of America

Page Count:	62

Language:	English

Country:	Australia

Note:	Report No. 13, March 1988



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