R v KUJTIM GJONI (2014)
A trial judge had correctly ruled that the contents of a conversation revealing details about a rape victim’s previous sexual behaviour were not admissible under the Youth Justice and Criminal Evidence Act 1999 s.41.
A trial judge had correctly ruled that the contents of a conversation revealing details about a rape victim’s previous sexual behaviour were not admissible under the Youth Justice and Criminal Evidence Act 1999 s.41.
Where an appellant relied on honest belief that the victim to an indecent assault was willing to consent, whilst evidence of the victim’s previous sexual behaviour was relevant to that belief the judge had a discretion whether to allow cross-examination and had to take into account whether refusal might render the conclusion of the jury […]
On a charge of buggery with a male under the age of 16 pursuant to the Sexual Offences Act 1956 s.12 , an appellant was entitled to plead in defence that he honestly believed the complainant to be over the age of 16. The s.12 offence was not a strict liability offence.