Country Solomon Islands
Year 2009
Type of Measure Violence against women > Legislation
Form of Violence Domestic violence/Intimate partner violence, Sexual violence

Brief Description


Corroboration:

Article 7: Subject to this Act, the principles and rules of the common law that relate to the need for corroboration of certain evidence are abrogated.

Article 18: Subject to any other written law, it is not necessary that evidence on which a party relies be corroborated.

Unreliable evidence:

Article 19: A court need not exercise caution before convicting an accused in reliance on the following evidence:[...]

(b) evidence given by a victim of an offence against morality; or
(c) evidence in relation to an offence against morality where there was delay in reporting the crime.

Arrangements for vulnerable witnesses:

Article 41.4: Special arrangements that the court may make include the following:

(a) closing of the court;
(b) restriction on publication of evidence;
(c) obscuring the witness from the view of the accused in a criminal trial;
(d) remote audio visual taking of evidence;
(e) allowing a support person to accompany
the witness.

Evidence in relation to sexual experience in offences against morality:

Article 58:

(1) In a case of an offence against morality, no evidence can be given and no question can be put to a witness relating directly or indirectly to the sexual experience of the complainant with any person other than the accused, except with the permission of the court.
(2) In a case of an offence against morality, no evidence can be given and no question can be put to a witness relating directly or indirectly to the sexual experience of the complainant with the accused unless the evidence or question:
(a) relates directly to the acts, events, or circumstances which constitute the offence for which the accused is being tried; or
(b) is of such direct relevance to facts in issue in the proceeding or the issue of the appropriate sentence that it would be contrary to the interest of justice to exclude it.
(3) In a case of an offence against morality, no evidence can be given and no question can be put to a witness relating directly or indirectly to the reputation of the complainant in sexual matters:
(a) for the purpose of supporting or challenging the truthfulness of the complainant; or
(b) for the purpose of establishing the complainant's consent; or
(c) for any other purpose except with the permission of the court.

Evidence Act (2009)

Full Text

Evidence Act

Source of Information

Website of the National Parliament of the Solomon Islands