Top Rape Defence Barrister

Bad character evidence in respect of complainants in sexual assault allegations had been properly excluded where a judge had decided that it lacked substantial probative value as it did not establish a propensity towards general untruthfulness. That exclusion avoided the inevitable, grossly prejudicial, admission of the accused’s previous convictions for sexual offences.

Where a defendant, charged with committing sexual offences against his stepdaughters, had attacked the character of one of the victims, the judge had been entitled to allow the prosecution to admit evidence of the defendant’s previous convictions for non-sexual offences in accordance with the Criminal Justice Act 2003 s.101(1)(g).