Evaluating the 'First Report': The persistent problem of evidence and distrust of the complainant in the adjudication of sexual offences
| 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.date.updated | 2015-12-21T10:55:36Z | |
| 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.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.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.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 |
| dc.identifier.uri | http://hdl.handle.net/11427/20824 | |
| 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.language | eng | en_ZA |
| dc.publisher | Juta Law | en_ZA |
| dc.publisher.department | Centre for Law and Society | en_ZA |
| dc.publisher.faculty | Faculty of Law | en_ZA |
| dc.publisher.institution | University of Cape Town | |
| 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 |
| uct.type.filetype | Text | |
| uct.type.filetype | Image | |
| uct.type.publication | Research | en_ZA |
| uct.type.resource | Article | en_ZA |