§ Mr. John Page
asked the Attorney-General whether he will introduce legislation to ensure that an allegation of contributory negligence cannot be advanced as a defence to a charge of rape or in mitigation of sentence.
§ The Attorney-General
No. Contributory negligence is a legal concept relevant only in an action for damages in the civil courts and is not relevant to a charge of rape in the criminal courts. I understand from my noble and learned Friend the Lord Advocate that this is also the law of Scotland.