Distress As Corroboration

Question 1

Smith v lees

Answer 1

The leading precedent for distress as corroboration

Lude and indecent practices on 13 year old girl
She was seen coming out of tent with tear in eye

On appeal held that it was not sufficient to prove that that was what had actually happened in the tent

Limits the Scots law on corroboration

Question 2

Distress limited by time

Answer 2

The greater the passage of time the more difficult it is to argue distress as corroboration

Question 3

Moore v HMA

Answer 3

It’s not the time interval that is the main concern it’s whether the shock or distress was caused by the rape

Distress shown to aunt 12 hours later could not be corroboration as had like McCran Been to pub seen family and boyfriend

Question 4

McCrann v HMA

Answer 4

Distress on phone to friend 14 hours later was not held as distress from a lack of consent as failure to exhibit distress to work colleagues familly or boyfriend

Question 5

cannon v HMA

Answer 5

In this case it was sufficient as her distress and not going to work ect could be directly linked to the lack of consent