Rules of Evidence Relating to Sexual Violence

 


Corroboration

Rule 63
General provisions relating
to evidence


(4.) Without prejudice to article 66, paragraph 3, a Chamber shall not impose a legal requirement that corroboration is required in order to prove any crime within the jurisdiction of the Court, in particular, crimes of sexual violence.


Sexual Conduct

Rule 71
Evidence of other sexual conduct

In the light of the definition and nature of the crimes within the jurisdiction of the Court, and subject to article 69, paragraph 4, a Chamber shall not admit evidence of the prior or subsequent sexual conduct of a victim or witness.


Consent

Rule 70
Principles of evidence in cases of sexual violence

In cases of sexual violence, the Court shall be guided by and, where appropriate, apply the following principles:


  • Consent cannot be inferred by reason of any words or conduct of a victim where force, threat of force, coercion or taking an advantage of a coercive environment undermined the victimís ability to give voluntary and genuine consent;
  • Consent cannot be inferred by reason of any words or conduct of a victim where the victim is incapable of giving genuine consent;
  • Consent cannot be inferred by reason of the silence of, or lack of resistance by, a victim to the alleged sexual violence;
  • Credibility, character or predisposition to sexual availability of a victim or witness cannot be inferred by reason of the sexual nature of the prior or subsequent conduct of a victim or witness