The defendant had sought to raise the complainant’s sexual history in evidence. The allegation was that he had repeatedly raped his step daughter. He wished to put in evidence that after she had grown up, they had lived together after she had initiated sexual relations when she was 18. The judge had allowed certain parts of the evidence, but not others.
Held: Once the judge had made a finding that the criteria for admitting such evidence were met, all evidence of the type proscribed was admissible. The judge could not admit some parts only. The judge’s ruling had distorted the evidence. The judge’s obligation to protect the complainant could not prevent him allowing proper evidence to be admitted. The conviction was unsafe.
Judges:
Judge LJ, Curtis, McCome JJ
Citations:
Times 16-Mar-2005
Statutes:
Youth Justice and Criminal Evidence Act 1999 41
Jurisdiction:
England and Wales
Citing:
Cited – Regina v A (Complainant’s Sexual History) (No 2) HL 17-May-2001
The fact of previous consensual sex between complainant and defendant could be relevant in a trial of rape, and a refusal to allow such evidence could amount to a denial of a fair trial to a defendant. Accordingly, where the evidence was so relevant . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 06 May 2022; Ref: scu.224057
