31 Mar '17 13:09>2 edits
Corroboration and rape/sexual assault.
At present in Scottish law we require corroboration for a conviction.
The importance of corroboration is a unique feature of Scots criminal law. A cornerstone of Scots law, the requirement for corroborating evidence means at least two different and independent sources of evidence are required in support of each crucial fact before a defendant can be convicted of a crime. - wikipedia
For example forensic evidence and the testimony of the victim are two separate and independent sources. So is CCTV video footage and the testimony of the victim, or the testimony of the victim and a guilty plea by the defendant. etc
There is a movement to undermine this cornerstone of Scots law and negate corroboration specifically led by organisations like Rape Crisis Scotland which see it as obstructive. However fierce opposition from the legal profession which feared more miscarriages of justice have effectively put an end to this, at least for the time being.
However I understand that in places like England and Canada and the USA corroboration is not needed and that one can be accused of rape and prosecuted, for aggravated or historical rape with anonymity being guaranteed to the accuser/victim. The rationale for this being that rape is a special case and that victims often need anonymity to come forward being traumatised by the event even many years later.
After watching some videos of the personal testimony of some real rape victims (in contrast to those who made false allegations) they appeared to me to be somehow able to rise above it and described their experience in an almost matter of fact way. This of course challenges the mainstream narrative and leaves one open to the almost obligatory label of rape apologist so beloved by a certain contributor to this forum.
Does the forum feel that corroboration is a good and valid system to establish guilt or an obstruction to justice?
At present in Scottish law we require corroboration for a conviction.
The importance of corroboration is a unique feature of Scots criminal law. A cornerstone of Scots law, the requirement for corroborating evidence means at least two different and independent sources of evidence are required in support of each crucial fact before a defendant can be convicted of a crime. - wikipedia
For example forensic evidence and the testimony of the victim are two separate and independent sources. So is CCTV video footage and the testimony of the victim, or the testimony of the victim and a guilty plea by the defendant. etc
There is a movement to undermine this cornerstone of Scots law and negate corroboration specifically led by organisations like Rape Crisis Scotland which see it as obstructive. However fierce opposition from the legal profession which feared more miscarriages of justice have effectively put an end to this, at least for the time being.
However I understand that in places like England and Canada and the USA corroboration is not needed and that one can be accused of rape and prosecuted, for aggravated or historical rape with anonymity being guaranteed to the accuser/victim. The rationale for this being that rape is a special case and that victims often need anonymity to come forward being traumatised by the event even many years later.
After watching some videos of the personal testimony of some real rape victims (in contrast to those who made false allegations) they appeared to me to be somehow able to rise above it and described their experience in an almost matter of fact way. This of course challenges the mainstream narrative and leaves one open to the almost obligatory label of rape apologist so beloved by a certain contributor to this forum.
Does the forum feel that corroboration is a good and valid system to establish guilt or an obstruction to justice?