NCJ Number
113149
Date Published
1988
Length
62 pages
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.