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Essay / Research Paper Abstract
This paper examines whether the Youth Justice and Criminal Evidence Act that was passed in 1999 in England actually protects victims in cases of rape or not. The contention of the paper is, that the act has been challenged so many times, that it is ineffective. Bibliography lists 6 sources.
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5 pages (~225 words per page)
File: D0_MTyouevi.rtf
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SHIELD DOESNT SHIELD COMPLAINANTS IN COURT Research Compiled by 03/2002 Please
At one time in England, when someone was on trial for rape, it was possible to introduce evidence into the court proceedings
discussing the history and previous sexual relations between the accused and the complainant. This, however, led to many difficulties, not the least of which was that, in a jurys eyes,
the complaint of sexual violation might have less weight if it became known that accused and complainant had had a prior relationship, or that the complainant had a history of
bed hopping. With the 1999 passage of the Youth Justice and Criminal Evidence Act, however, this was to have been avoided, as the act forbade introduction of such evidence into
a rape trial. The purpose of this paper is to ascertain whether the Youth Justice and Criminal Evidence Act of 1999 has,
indeed, protected the rape victim as it was meant to. The thesis of this particular paper is that the act has not helped do so, but rather, has led to
challenges after challenges, which have ended up weakening the act, rather than strengthening it. When it comes to the law of evidence,
the English courts support it fully (Ligertwood, 2002). Yet what, exactly, constitutes "evidence" has been argued for centuries, almost since the first days that law was practiced in Great Britain
(Ligertwood, 2002). It was this question of acceptable evidence that ended up forming Chapter III, the Protection of Complainants in Proceedings for
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