Open Access Research Article

Character Evidence and its Evidentiary Value and Moral Implications in Rape Cases. (By Abhishek.A & Srijita.C)

Journal IJLRA
ISSN 2582-6433
Published 2022/04/02
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Author Name:  Abhishek.A & Srijita.C
Title: Character Evidence and its Evidentiary Value and Moral Implications in Rape Cases.

Article Details

Character Evidence is a tool commonly used by advocates during trials, particularly in rape cases. This evidence is often used to paint the accused in such a manner that it is highly unlikely or even more likely that the accused has committed the offence. On the other hand it is also used to tarnish the image of the prosecutrix, in order to make it appear that the allegations leveled against the accused are false or true.
 
The objectives of this paper to ascertain the role of character evidence from the perspective of the accused, analyse the evidentiary value character evidence presents in the trial of a rape case and determine whether an acquittal or conviction may be granted on the basis of character evidence of the accused. The paper further seeks to determine the importance of character evidence of the victim in the trial of a rape and understand the extent, scope and value of such evidence.
 
This paper shall study the role that is played by character evidence in rape cases. It adopts a descriptive approach with respect to describing what constitutes the term ‘character’, how the usage has been prescribed by the statute and courts of law and lastly the manner in which character evidence has been utilised.
In addition to the above, the paper further adopts a critical analysis approach to evaluate the evidentiary value and moral implications associated with the usage of character evidence through the course of rape cases. 

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International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
  • LicenseCC 4.0

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