[288DB Jury direction relating to absence of physical resistance or physical force]
Criminal Procedure (Scotland) Act 1995 (1995 c 46) | Legislation

[288DB  Jury direction relating to absence of physical resistance or physical force]

[(1)     Subsection (2) applies where, in a trial on indictment for a sexual offence—

(a)     evidence is given which suggests that the sexual activity took place without physical resistance on the part of the person against whom the offence is alleged to have been committed, or

(b)     a question is asked, or a statement is made, with a view to eliciting, or drawing attention to, evidence of that nature.

(2)     In charging the jury, the judge must advise that—

(a)     there can be good reasons why a person against whom a sexual offence

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