NCJ Number
37318
Date Published
1975
Length
47 pages
Annotation
REPORT OF A HOME OFFICE ADVISORY GROUP CONCERNING A REVIEW OF THE CURRENT LAW ON RAPE IN ENGLAND WITH RECOMMENDATIONS FOR CHANGE.
Abstract
THE STUDY WAS UNDERTAKEN IN RESPONSE TO WIDESPREAD CONCERN EXPRESSED IN REGARD TO THE DECISION OF THE HOUSE OF LORDS IN A RECENT RAPE CASE. THE ABSENCE OF A STATUTORY DEFINITION OF THE CRIME OF RAPE IS DISCUSSED AND THE DECISION AND CIRCUMSTANCES OF THE CONTROVERSIAL CASE, DIRECTOR OF PUBLIC PROSECUTIONS V MORGAN AND OTHERS (1975), ARE ANALYZED. PREVIOUS CASE LAW ON RAPE IS ALSO REVIEWED. OTHER ISSUES INCLUDING EVIDENCE IN RAPE CASES, ANONYMITY OF THE COMPLAINANT, THE INCLUSION OF WOMEN ON JURIES, IN RAPE CASES, INCHOATE OFFENSES, AND POLICE AND MEDICAL INVESTIGATIONS ARE EXAMINED. RECOMMENDATIONS ARE MADE TO DRAFT LEGISLATION DEFINING THE CRIME OF RAPE; OUTLINING WHAT EVIDENCE MAY BE ENTERED AND EXCLUDING EVIDENCE REGARDING THE COMPLAINANT'S CHARACTER; PROTECTING THE ALLEGED VICTIM'S ANONYMITY; BALANCING THE SEXUAL COMPOSITION OF JURIES; AND CONSIDERING INCHOATE OFFENSES CONCERNED WITH RAPE.