NCJ Number
106138
Date Published
1987
Length
31 pages
Annotation
Victoria's Law Reform Commission presents tentative proposals for rape law reform in the areas of procedures -committal proceedings, time limits, jury composition, and publicity -- and evidence law -- corroboration, recent complaint, and the victim's sexual history.
Abstract
Trials of criminal offenses on indictment or presentment are normally preceded by a preliminary examination or committal hearing. The commission proposes that such hearings not be abolished for sexual cases and that the complainant not be subject to cross-examination at the hearing unless the magistrate decides there are special reasons for it. Other proposals pertaining to committal proceedings are required defense discovery of all complainant statements made to the police and the application of special rules to all sex offenses. Among the proposals on time limits is the application of current precommittal and pretrial time limits to all sexual cases. The commission recommends against a formal requirement for gender representation on juries in rape cases. Retention of the present rules for the public's presence at rape trials is proposed, but they should be applied to all sex offense cases. The commission proposes an amendment to forbid judges from giving a corroboration warning, but the judge may comment on any evidence that is apparently unreliable. The abolition of the requirement for a speedy complaint is recommended, and when the defense raises the issue of a late complaint, the judge should warn the jury that there may be a good reason for a delayed complaint. The commission does not recommend any additional restrictions on the admissibility of the complainant's sexual history. 72 footnotes.