Changes to section 2 of Sexual Offences Act 1976

Authors
Citation
V. Baird, Changes to section 2 of Sexual Offences Act 1976, MED SCI LAW, 39(3), 1999, pp. 198-208
Citations number
9
Categorie Soggetti
Public Health & Health Care Science","Research/Laboratory Medicine & Medical Tecnology
Journal title
MEDICINE SCIENCE AND THE LAW
ISSN journal
00258024 → ACNP
Volume
39
Issue
3
Year of publication
1999
Pages
198 - 208
Database
ISI
SICI code
0025-8024(199907)39:3<198:CTS2OS>2.0.ZU;2-1
Abstract
Rape complaints are at their highest since statistics began, whilst the rap e conviction rate is at an all-time low. The frequency with which the compl ainant's previous sexual history is admitted at trial is perceived as a maj or factor. The government intends to legislate to reduce this, in accordanc e with either the Scottish or the New South Wales' legislative models. This article analyses the case law, argues that neither proposed model will suf fice and advocates that the Canadian legislation should, with adaptations, be enacted in England.