Procedure prior to Trial
Procedure at Trial
141AF1 Evidence in relation to sexual offences.
1
In any trial of a person on any charge to which this section applies, subject to section 141B, the court shall not admit, or allow questioning designed to elicit, evidence which shows or tends to show that the complainer—
a
is not of good character in relation to sexual matters;
b
is a prostitute or an associate of prostitutes; or
c
has at any time engaged with any person in sexual behaviour not forming part of the subject matter of the charge.
2
This section applies to a charge of committing or attempting to commit any of the following offences, that is to say
a
rape;
b
sodomy;
F2ba
clandestine injury to women;
c
assault with intent to rape;
d
indecent assault;
e
indecent behaviour (including any lewd, indecent or libidinous practice or behaviour);
f
an offence under section 106(1)(a) or 107 of the M1Mental Health (Scotland) Act 1984 (unlawful sexual intercourse with mentally handicapped female or with patient);
g
an offence under any of the following provisions of the M2Sexual Offences (Scotland) Act 1976—
i
section 2 (procuring by threats etc.);
F3ia
section 2A (incest);
ib
section 2B (unlawful sexual intercourse with stepchild);
ic
section 2C (unlawful sexual intercourse of person in position of trust with child under 16);
ii
section 3 (unlawful sexual inter course with girl under 13);
iii
section 4 (unlawful sexual intercourse with girl under 16);
iv
section 5 (indecent behaviour towards girl between 12 and 16);
F4iva
section 7 (gross indecency between males)
v
section 8 (abduction of girl under 18);
vi
section 9 (unlawful detention of female); or
h
an offence under section 80(7) of the M3Criminal Justice (Scotland) Act 1980 (homosexual offences).
3
In this section “complainer” means the person against whom the offence referred to in subsection (2) above is alleged to have been committed.
4
This section does not apply to questioning, or evidence being adduced, by the Crown.