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Corroborating lack of consent in rape cases

At Rape Crisis Scotland, we know that many people freeze during a traumatic experience such a rape meaning that there is often little or no physical injury.

The Lord Advocate’s Reference in 2001 clarified that force was not required to prove rape (it also removed the peculiar anomaly that someone who was sleeping couldn’t be raped and would instead be prosecuted for clandestine injury). However, in a legal jurisdiction which requires corroboration of the key elements of a crime, there can be significant challenges in proving lack of consent in rape cases.