(Bermuda) A complaint by the alleged victim of a sexual offence is admissible at common law as hearsay only where the complainant gives evidence of the commission of the offence and only for the purpose of showing the consistency of the complainant’s conduct in making the complaint and of the statement or statements made by the complainant at the first reasonable opportunity with the complainant’s evidence in court.
It is trite law that the burden of proof is on the prosecution to establish that statements given were ‘made freely and voluntarily and not under the influence of improper inducement.’
There is no special rule making hearsay admissible in identification cases.
Judges:
Lord Morris of Borth-y-Gest
Citations:
[1964] 1 All ER 727, [1964] 2 WLR 566, [1964] AC 964, [1963] UKPC 33
Links:
Cited by:
Cited – Spooner, Eric Charles v Regina; (Evidence: Sex abuse) CACD 25-May-2004
The defendant appealed his convictions for child sex abuse, involving assault, rape and buggery, saying that evidence of a recent complaint by a schoolgirl friend of the complainant which was not consistent with other evidence of the complainant . .
Lists of cited by and citing cases may be incomplete.
Criminal Evidence, Commonwealth
Updated: 11 June 2022; Ref: scu.198133