sexual offences evidence

Question 1

Section 44 of evidence act

Answer 1

Protects the victims character, Comments and evidence in court can only pertain to the case.
Subsections 1 and 2 relate that no evidence and no questions can be put to the complainant about:
- The sexual experience of the complainant with any other person other then the defendant.
- the reputation of the complainant in sexual matters

Question 2

R v McCLINTOCK

Answer 2

the test, is a strong test. But the categorizing of cases can only be a matter of Degree. An earlier incident of sexual intercourse may be of marginal relevance, but where it has neither proximity in time nor sufficiently similar to the circumstances of the alleged rape, cross-examination on the matter is not warranted.

Question 3

Section 87 Evidence Act

Answer 3

Privacy as to the witnesses precise address, this section protects the witness from having to state their address, This includes not only the street number and name but also the name of the town or community they lived in.

Question 4

Section 88 Evidence Act

Answer 4

This section is a specific section for sexual offences. the victims occupation must not be disclosed unless by permission of the court.

Question 5

R V FELISSE

Answer 5

Although corroborating evidence undoubtedly strengthens a case for the prosecution its absence does not make a conviction impossible. It can also help confirm key points. IE A bruise is capable of confirming evidence that intercourse was non consensual where the issue is not one of identity but whether non-consensual intercourse took place.

Question 6

R V MOANA

Answer 6

The time element between the alleged attack and the observation (of the complainant) by the witness is all important.

Question 7

R V TAWHARA

Answer 7

There is no necessary limit to the number of people the complainant of defendant may request to have in the room.