RAPE CORROBORATION REQUIREMENT - REPEAL NOT REFORM

• NCJ Number: 7436
• Journal: Yale Law Journal Volume: 81 Issue: 7 Dated: (JUNE 1972) Pages: 1365-1391
• Author(s): ANON
• Date Published: 1972
• Length: 27 pages
• Corporate Author: Yale University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

REQUIREMENT THAT THE TESTIMONY OF A COMPLAINANT MUST BE CORROBORATED TO SUSTAIN A CONVICTION FOR RAPE IS UNJUSTIFIED AND SHOULD BE ABANDONED.

Abstract

THIS ARTICLE EXAMINES THE TRADITIONAL ARGUMENTS OFFERED IN DEFENSE OF THE RULE THAT THE TESTIMONY OF A COMPLAINANT IN A RAPE TRIAL NEEDS INDEPENDENT CORROBORATION TO WARRANT A CONVICTION. THE ARTICLE FIRST SUMMARIZES THE HISTORY OF THE CORROBORATION RULE AND ITS PREVALENCE, SUBSTANCE, AND EFFECT IN AMERICAN JURISDICTIONS. LATER SECTIONS CRITICALLY EXAMINE THE PREMISES WHICH ARE CONSIDERED JUSTIFICATIONS FOR THE CORROBORATION REQUIREMENT AND EVALUATE THE NEED FOR THE REQUIREMENT IN VIEW OF THE TRADITIONAL LEGAL SAFEGUARDS AGAINST FALSE CONVICTIONS. THE ARTICLE CONCLUDES WITH AN ANALYSIS OF POSSIBLE ALTERNATIVES TO AND MODIFICATIONS OF THE CORROBORATION RULE.