Universal-Womens-accesss-to-justice-Publications-Practitioners-Guide-Series-2016-ENG

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WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 237
it is relevant and necessary”. 640 An example where sexual
history of the complainant may be relevant could be where the
complainant claimed never to have known the defendant
despite a previous consensual sexual relationship between
them. In such circumstances the omission, rather than the
previous sexual history itself, could indicate a lack of reliability
of the complainant.
The UN General Assembly has recommended that “the
credibility of a complainant in a sexual violence case [should
be] understood to be the same as that of a complainant in any
other criminal proceeding; the introduction of the complainant’s
sexual history in both civil and criminal proceedings is
prohibited when it is unrelated to the case”. 641
Rape and sexual violence: challenging use of the
corroboration rule
The corroboration rule, also known as the cautionary warning,
is where a court warns itself or the jury that convicting the
defendant on uncorroborated evidence of the complainant can
be dangerous. It is based on an assumption that women are
inherently untrustworthy and continues to be implemented in a
number of jurisdictions based on common or Sharia law. 642
Amnesty International has pointed out that assuming that a
victim is lying is “a particularly irrational stereotype as women
and girl complainants usually have very little to gain and
everything to lose by making allegations of rape, there is rarely
an incentive for them to lie; many complainants pursue their
search for truth and justice at enormous cost to themselves, in
640
Istanbul Convention, above note 509, Article 54.
641
Updated Model Strategies and Practical Measures, above note 559,
paragraph 15(e).
642
UN Handbook for Legislation on Violence against Women, above
note 511, page 43.