Open Letter to the Scottish Law Commission's Consultation Document

Michele Burman, Gillian Calder, James Chalmers, Juliette Casey, Sharon Cowan, Rowan Cruft, Michelle Dempsey, Antony Duff, Louise Ellison, Lindsay Farmer, Pamela Ferguson, Conor Hanley, Jackie Hodgson, Lynn Jamieson, Liz Kelly, Michal Królikowski , Sandra Marshall, Clare McGlynn, Vanessa Munro, Alan NorrieSian O'Hara, Helen Power, Fiona Raitt, Mike Redmayne, Stephen Shute, Bob Sullivan, Victor Tadros, Bjarke Viskum

Research output: Contribution to journalLetterpeer-review


Presents the text of an open letter to the Scottish Law Commission, written by those attending a workshop at the University of Edinburgh in April 2006, with regard to the Commission's review of Scots law on sexual offences, particularly rape. Considers issues regarding: (1) the actus reus; (2) the status of the indicators; (3) the mens rea; (4) evidential provisions; (5) the evidential burden of proof; (6) the corroboration requirement in the Scots law of evidence; and (7) the law regarding sexual history evidence. Highlights the key recommendations of the workshop.Other participants were present at the workshop who did not wish their names to be added to this letter.These participants were members of the legal profession, and one representative from Rape Crisis Scotland, who either felt that they did not want the contents of the workshop discussion to be taken as representing the views of their employers, or, as in one case of a legal practitioner, that the workshop discussion did not fully reflect their views as a practitioner in the field.
Original languageEnglish
Pages (from-to)157-67
JournalScots Law Times
Publication statusPublished - 2006


  • Actus reus
  • Burden of proof
  • Corroboration
  • Letters
  • Mens rea
  • Rape
  • Scotland
  • Sexual behaviour
  • Sexual offences


Dive into the research topics of 'Open Letter to the Scottish Law Commission's Consultation Document'. Together they form a unique fingerprint.
  • Rape Reform

    Tadros, V.

    Learned Societies


    Project: Research

Cite this