NCJ Number
57844
Date Published
1976
Length
50 pages
Annotation
REVISION OF AUSTRALIAN COURT PROCEDURES AND RULES OF EVIDENCE GOVERNING RAPE TRIALS IS RECOMMENDED IN ORDER TO BALANCE CONFLICTING INTERESTS OF THE VICTIM AND THE ACCUSED IN RAPE CASES.
Abstract
A VARIETY OF RECOMMENDATIONS ARE MADE. IT IS SUGGESTED THAT INFORMANTS BE REQUIRED TO ADOPT THE 'HAND-UP BRIEF' (OBLIGATING THE PROSECUTOR TO FURNISH THE ACCUSED WITH WITNESSES' STATEMENTS SEVERAL DAYS BEFORE THE TRIAL) UNLESS AUTHORIZED IN WRITING BY A STIPENDIARY MAGISTRATE NOT TO DO SO AND THAT NO PERSONS BE ALLOWED TO ATTEND THE COMMITTAL HEARING IN A RAPE CASE OTHER THAN THE INVOLVED PARTIES, THEIR ATTORNEYS, AND ESSENTIAL COURT STAFF AND POLICE OFFICERS. COMMITTAL HEARINGS SHOULD TAKE PLACE BEFORE A STIPENDIARY MAGISTRATE WITH OR WITHOUT OTHER JUSTICES AND BE PRESENTED BY A LEGALLY QUALIFIED PROSECUTOR. THE DEFENSE, BEFORE CROSSEXAMINING THE COMPLAINANT AS TO SEXUAL INTERCOURSE WITH MEN OTHER THAN THE ACCUSED, MUST OBTAIN PERMISSION FROM THE JUDGE, MAGISTRATE, OR OTHER JUSTICES IN THE ABSENCE OF THE JURY. THE RULE PERMITTING EVIDENCE TO BE ALLOWED WHICH PERTAINS TO THE VICTIM'S PREVIOUS SEXUAL BACKGROUND AND CONDUCT SHOULD BE ABOLISHED, AND THE VICTIM SHOULD HAVE THE RIGHT TO DECLINE TESTIMONY AT THE PROSECUTION REGARDING OTHER ALLEGED RAPE OFFENSES OR AGAINST PERSONS OTHER THAN THE DEFENDANT IF SHE PREVIOUSLY HAS GIVEN SUCH TESTIMONY AT THE COMMITTAL HEARING. OTHER RECOMMENDATIONS, APPENDIXES CONTAINING LISTS OF CAUSES OF UNFOUNDED ALLEGATIONS OF RAPE AND TYPES OF COMPLAINTS NOT ACCEPTED BY POLICE AS WELL FOUNDED, AND AN INDEX ARE PROVIDED. (AUTHOR ABSTRACT MODIFIED--LWM)