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Barbour v. H.M. Advocate 1982 S.C.C.R. 195

Barbour v. H.M. Advocate 1982 S.C.C.R. 195


Citation: Barbour v. H.M. Advocate 1982 S.C.C.R. 195

Link to case on WorldLII.

Rule of thumb: Is evidence of resistance (bruises, shouts etc) needed for a rape? It is an important cornerstone of evidence, but it is not necessarily essential.

Judgment:

"Now, the crime of rape consists in the carnal knowledge of a woman against her will, her resistance having been overcome. There must be penetration of the body of the woman, that is the vagina, by the private member of the assailant. The important matter is not the amount of resistance put up but whether the woman remained an unwilling party throughout. The significance of resistance is only as evidence of unwillingness." 197-198, Lord Stewart

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Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.