The defendant appealed his conviction of rape. He had been married to the victim. At trial he sought to put questions to the complainant about whether she now identified as lesbian or bisexual, saying that the complaint was her way now of validating a change in her sexual orientation. The judge excluded the questions as speculative and as to her sexual activities. The defendant said that ‘sexual behaviour’ within the section was limited to actions and conduct and did not extend to exclude ‘internal conflicts as to sexuality’.
Held: The appeal failed. According to the facts of each case sexual orientation might be equated with sexual experience and behaviour, and so fall within the section. The proposed questions were entirely general and fell foul of section 41(4).
[2021] WLR(D) 223, [2021] EWCA Crim 318, [2021] 4 WLR 59
Bailii, WLRD
Youth Justice and Criminal Evidence Act 1999
England and Wales
Updated: 23 September 2021; Ref: scu.659655
