Research On The Rules Of Victim’s Verbal Evidence In The "One On One" Rape Cases

The admissibility of the victim’s verbal evidence in the “one on one” rape cases, hasbeen a difficulty in juridical practice, and the reason is lack of specific evidential rule.Under this circumstance, the judges have to rely on the way of “mutual corroboration” and“rule of thumb”. A lot of hearsay evidence should be remove from the trial, now has theadmissibility, because the judges’ free judgment right become too powerful. After theresearch of foreign related evidential rules, the author could offer some proposals asfollows. First of all, we must establish the principle of direct trail, verbal trail and basicconfrontation rules, and give the defendant right of confrontation in former procedure.Secondly, we should establish our own “Rape Shield Law”, the Federal Rules of Evidence412is a considerable example to follow. In order to understand the theory, function andinfluence of the Federal Rules of Evidence412, we should also pay attention to the historyof the feminist movement in America. Thirdly, we should establish some rules that allowthe court use modern information technology to help the victim attend confrontation. Theauthor hope the above rules will contribute to the juridical practice of the “one on one”rape cases.