(1)In any trial of a person on any charge to which this section applies, subject to section 275 of this Act, 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;
(c)clandestine injury to women;
(d)assault with intent to rape;
(e)indecent assault;
(f)indecent behaviour (including any lewd, indecent or libidinous practice or behaviour);
(g)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); F1. . .
(h)an offence under any of the following provisions of the M2Criminal Law (Consolidation) (Scotland) Act 1995—
(i)sections 1 to 3 (incest and related offences);
(ii)section 5 (unlawful sexual intercourse with girl under 13 or 16);
(iii)section 6 (indecent behaviour toward girl between 12 and 16);
(iv)section 7(2) and (3) (procuring by threats etc.);
(v)section 8 (abduction and unlawful detention);
(vi)section 13(5) (homosexual offences) [F2; or
(j)an offence under section 1 or 2 of the International Criminal Court (Scotland) Act 2001 (asp 13) involving—
(i)conduct constituting any of the offences mentioned in paragraphs (a) to (h) above; or
(ii)an act committed outwith Scotland which, if committed in Scotland, would constitute any of those 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.
Textual Amendments
F1Word in s. 274(2)(g) repealed (17.12.2001) by 2001 asp 13, s. 10(a); S.S.I. 2001/456, art. 2
F2S. 274(2)(j) and word preceding it inserted (17.12.2001) by 2001 asp 13, s. 10(b); S.S.I. 2001/456, art. 2
Marginal Citations