Evidential Challenges in the Investigation and Prosecution of Rape and Serious Sexual Assault

• In Event: Roundtable: Gender-based/Sexual Violence - Cultural Values and Organizational Reasons for Underreporting and Under-prosecution

Abstract

This paper focuses on particular challenges posed for the investigation and prosecution of rape and serious sexual assault. Drawing on the Scottish experience, it highlights the ways in which evidential challenges posed by corroboration and the admissibility of personal records, combine with procedural issues such as delays and uncertainties in the progression of cases to impact negatively on the ability of those reporting rape to give their ‘best evidence’. It draws on the testimony of victim-survivors to propose ways in which these challenges may be ameliorated.

Author

• Michele Burman, University of Glasgow