Evaluating the 'First Report': The persistent problem of evidence and distrust of the complainant in the adjudication of sexual offences

 

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dc.contributor.author Singh, Karam Jeet
dc.date.accessioned 2016-07-26T13:33:26Z
dc.date.available 2016-07-26T13:33:26Z
dc.date.issued 2006
dc.identifier.citation Singh, K. J. (2006). Evaluating the'first report': the persistent problem of evidence and distrust of the complainant in the adjudication of sexual offences. South African Journal of Criminal Justice, 19(1), 37-55. en_ZA
dc.identifier.issn 1011-8527 en_ZA
dc.identifier.uri http://hdl.handle.net/11427/20824
dc.description.abstract This article looks at the issue of the first report, which exceptionally permits a complainant in a sexual offence case to offer a previously consistent statement into evidence. In the law of evidence a previous consistent statement is a written or oral statement, made by a witness on some prior occasion to testifying, which is substantially similar to her testimony in court. Normally, previous consistent statements are deemed to be inadmissible at trial because such testimony is considered to be self-serving and lacking in probative value. However, throughout jurisdictions following the Anglo-American tradition previous consistent statements in sexual offences are allowed as an exception to the general rule. This article reviews the history of the first report rule, including critical feminist legal critique of the rule's origins. The paper proceeds with a comparative look at divergent approaches to reform that have emerged with the rule in foreign jurisdictions. This analysis includes a review of reform proposals from the South African Law Commission (now the South African Law Reform Commission) before looking at a recent controversial case in the Supreme Court of Appeal that dealt with the first report, namely the case of S v Hammond. en_ZA
dc.language eng en_ZA
dc.publisher Juta Law en_ZA
dc.source South African Journal of Criminal Justice en_ZA
dc.source.uri https://jutalaw.co.za/products/3599-south-african-journal-of-criminal-justice
dc.title Evaluating the 'First Report': The persistent problem of evidence and distrust of the complainant in the adjudication of sexual offences en_ZA
dc.type Journal Article en_ZA
dc.date.updated 2015-12-21T10:55:36Z
uct.type.publication Research en_ZA
uct.type.resource Article en_ZA
dc.publisher.institution University of Cape Town
dc.publisher.faculty Faculty of Law en_ZA
dc.publisher.department Centre for Law and Society en_ZA
uct.type.filetype Text
uct.type.filetype Image
dc.identifier.apacitation Singh, K. J. (2006). Evaluating the 'First Report': The persistent problem of evidence and distrust of the complainant in the adjudication of sexual offences. <i>South African Journal of Criminal Justice</i>, http://hdl.handle.net/11427/20824 en_ZA
dc.identifier.chicagocitation Singh, Karam Jeet "Evaluating the 'First Report': The persistent problem of evidence and distrust of the complainant in the adjudication of sexual offences." <i>South African Journal of Criminal Justice</i> (2006) http://hdl.handle.net/11427/20824 en_ZA
dc.identifier.vancouvercitation Singh KJ. Evaluating the 'First Report': The persistent problem of evidence and distrust of the complainant in the adjudication of sexual offences. South African Journal of Criminal Justice. 2006; http://hdl.handle.net/11427/20824. en_ZA
dc.identifier.ris TY - Journal Article AU - Singh, Karam Jeet AB - This article looks at the issue of the first report, which exceptionally permits a complainant in a sexual offence case to offer a previously consistent statement into evidence. In the law of evidence a previous consistent statement is a written or oral statement, made by a witness on some prior occasion to testifying, which is substantially similar to her testimony in court. Normally, previous consistent statements are deemed to be inadmissible at trial because such testimony is considered to be self-serving and lacking in probative value. However, throughout jurisdictions following the Anglo-American tradition previous consistent statements in sexual offences are allowed as an exception to the general rule. This article reviews the history of the first report rule, including critical feminist legal critique of the rule's origins. The paper proceeds with a comparative look at divergent approaches to reform that have emerged with the rule in foreign jurisdictions. This analysis includes a review of reform proposals from the South African Law Commission (now the South African Law Reform Commission) before looking at a recent controversial case in the Supreme Court of Appeal that dealt with the first report, namely the case of S v Hammond. DA - 2006 DB - OpenUCT DP - University of Cape Town J1 - South African Journal of Criminal Justice LK - https://open.uct.ac.za PB - University of Cape Town PY - 2006 SM - 1011-8527 T1 - Evaluating the 'First Report': The persistent problem of evidence and distrust of the complainant in the adjudication of sexual offences TI - Evaluating the 'First Report': The persistent problem of evidence and distrust of the complainant in the adjudication of sexual offences UR - http://hdl.handle.net/11427/20824 ER - en_ZA


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