Evidence of distress could not corroborate the carrying out of physical acts of indecent assault, though it can still be used to corroborate, in an appropriate case, evidence of a lack of consent on the part of the complainer to the accused’s conduct and the use of force by him.
Citations:
1997 SCCR 139
Citing:
Overruled – Stobo v HM Advocate HCJ 1993
. .
Cited by:
Applied – Paul Cullington v Her Majesty’s Advocate HCJ 25-Jun-1999
The defendant appealed his conviction for indecent assault. He challenged the use of evidence of distress as corroboration of an allegation that violence had been threatened or used.
Held: The appeal failed. There was no reason to distinguish . .
Lists of cited by and citing cases may be incomplete.
Scotland, Criminal Evidence
Updated: 30 April 2022; Ref: scu.220738