A defendant in an allegation alleging a sexual offence and wanting to introduce evidence of the complainant’s sexual history, could not do so as evidence of the consent of the complainant. He may be able to do so however on the issue of his own belief as to her consent, and where he alleged recent consensual sex. The consequence might be a summing up with more of a flavour of Lewis Carroll than a rehearsal of jurisprudence, but this was the only way of reconciling the need for a fair trial, and the legislation protecting complainants.
Citations:
Gazette 08-Mar-2001, Times 13-Feb-2001
Statutes:
Criminal Procedure and Investigations Act 1996 35, Youth Justice and Criminal Evidence Act 1999 41
Criminal Evidence
Updated: 10 April 2022; Ref: scu.88711
