Evidential weight of recent and delayed complaint in sexual assault trial proceedings

A failure to report sexual assault immediately after it occurred has evolved into a presumption of fabrication on the part of the complainant. This rule was based on 'the belief that a sexual assault complainant could only be believed if she could demonstrate she had publicly denounced the perp...

Full description

Bibliographic Details
Main Author:	Mohamad Yunus, Mohamad Ismail
Format:	Article
Language:	English
Published:	LexisNexis Malaysia Sdn. Bhd. 2016
Subjects:	K Law (General) KBP Islamic Law KD England and Wales KPG Malaysia
Online Access:	http://irep.iium.edu.my/53957/ http://irep.iium.edu.my/53957/ http://irep.iium.edu.my/53957/1/Evidential%20Weight.pdf

id	iium-53957
recordtype	eprints
spelling	iium-539572016-12-23T06:03:24Z http://irep.iium.edu.my/53957/ Evidential weight of recent and delayed complaint in sexual assault trial proceedings Mohamad Yunus, Mohamad Ismail K Law (General) KBP Islamic Law KD England and Wales KPG Malaysia A failure to report sexual assault immediately after it occurred has evolved into a presumption of fabrication on the part of the complainant. This rule was based on 'the belief that a sexual assault complainant could only be believed if she could demonstrate she had publicly denounced the perpetrator, sexual assault com-plainants became a special category of witness whose credibility could be boosted by evidence of recent complaint'. Complaint evidence is a type of prior consistent statement, which is given by a witness or the complainant about when the complainant made their first report of sexual assault. The recent common law complaint rule only allows this type of evidence to be relevant and admissible if the complaint was made at the first reasonable opportunity after the alleged sexual assault. Further, it is only relevant and admissible for credibility purposes, that is, to bolster the credit of the complainant. The evidential rules as applied to sexual assault cases have been and remain a cause for some concern. This article will focus on the evidential value relating to the relevancy and admissibility of recent and delayed complaint rule at the trial proceedings for sexual assault.1 LexisNexis Malaysia Sdn. Bhd. 2016-12 Article PeerReviewed application/pdf en http://irep.iium.edu.my/53957/1/Evidential%20Weight.pdf Mohamad Yunus, Mohamad Ismail (2016) Evidential weight of recent and delayed complaint in sexual assault trial proceedings. Malayan Law Journal, [2016] 6 MLJ i-clii (6). xiii-xxxiii. ISSN 0025-1283 http://www.lexisnexis.com
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General) KBP Islamic Law KD England and Wales KPG Malaysia
spellingShingle	K Law (General) KBP Islamic Law KD England and Wales KPG Malaysia Mohamad Yunus, Mohamad Ismail Evidential weight of recent and delayed complaint in sexual assault trial proceedings
description	A failure to report sexual assault immediately after it occurred has evolved into a presumption of fabrication on the part of the complainant. This rule was based on 'the belief that a sexual assault complainant could only be believed if she could demonstrate she had publicly denounced the perpetrator, sexual assault com-plainants became a special category of witness whose credibility could be boosted by evidence of recent complaint'. Complaint evidence is a type of prior consistent statement, which is given by a witness or the complainant about when the complainant made their first report of sexual assault. The recent common law complaint rule only allows this type of evidence to be relevant and admissible if the complaint was made at the first reasonable opportunity after the alleged sexual assault. Further, it is only relevant and admissible for credibility purposes, that is, to bolster the credit of the complainant. The evidential rules as applied to sexual assault cases have been and remain a cause for some concern. This article will focus on the evidential value relating to the relevancy and admissibility of recent and delayed complaint rule at the trial proceedings for sexual assault.1
format	Article
author	Mohamad Yunus, Mohamad Ismail
author_facet	Mohamad Yunus, Mohamad Ismail
author_sort	Mohamad Yunus, Mohamad Ismail
title	Evidential weight of recent and delayed complaint in sexual assault trial proceedings
title_short	Evidential weight of recent and delayed complaint in sexual assault trial proceedings
title_full	Evidential weight of recent and delayed complaint in sexual assault trial proceedings
title_fullStr	Evidential weight of recent and delayed complaint in sexual assault trial proceedings
title_full_unstemmed	Evidential weight of recent and delayed complaint in sexual assault trial proceedings
title_sort	evidential weight of recent and delayed complaint in sexual assault trial proceedings
publisher	LexisNexis Malaysia Sdn. Bhd.
publishDate	2016
url	http://irep.iium.edu.my/53957/ http://irep.iium.edu.my/53957/ http://irep.iium.edu.my/53957/1/Evidential%20Weight.pdf
first_indexed	2023-09-18T21:16:20Z
last_indexed	2023-09-18T21:16:20Z
_version_	1777411587259236352

Evidential weight of recent and delayed complaint in sexual assault trial proceedings

Similar Items