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Open Letter to the Scottish Law Commission's Consultation Document

Research output: Contribution to journalLetter

  • Michele Burman
  • Gillian Calder
  • Juliette Casey
  • Rowan Cruft
  • Michelle Dempsey
  • Antony Duff
  • Louise Ellison
  • Lindsay Farmer
  • Pamela Ferguson
  • Conor Hanley
  • Jackie Hodgson
  • Liz Kelly
  • Michal Królikowski
  • Sandra Marshall
  • Clare McGlynn
  • Vanessa Munro
  • Alan Norrie
  • Sian O'Hara
  • Helen Power
  • Fiona Raitt
  • Mike Redmayne
  • Stephen Shute
  • Bob Sullivan
  • Bjarke Viskum

Related Edinburgh Organisations

Original languageEnglish
Pages (from-to)157-67
JournalScots Law Times
Publication statusPublished - 2006

Abstract

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.

    Research areas

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

ID: 15387135