The change would allow evidence of the alleged victim's distress to be used to prove the act of rape took place, in addition to proving lack of consent.
This move is opposed by another senior lawyer who argues that it could result in wrongful convictions.
The current rule requires independent evidence of the alleged attack for the prosecution to secure a conviction.
The case is being heard by a panel of seven judges, and the decision will have a significant impact on the practice of criminal courts in Scotland.
LONDON DAILY ARCHIVE
Scottish Government Seeks to Expand Rape Prosecution Rules
The Lord Advocate of Scotland, Dorothy Bain, is seeking to change a ruling made by five judges in 1997 in order to allow more prosecutions to be brought in rape cases.
29 June 2023 · 23:39 UTC
