A conviction for rape was not unsafe on the basis that the judge should have permitted cross-examination of the victim about the falsity of previous allegations of sexual abuse by other men. The fact that the victim had made but not pursued those allegations did not provide a proper evidential basis for showing the falsity […]
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 a 12-year-old complainant had alleged sexual abuse by her uncle, the trial judge had been entitled to refuse to allow her to be cross-examined about her previous sexual experience. What, if any, sexual experienceshe might have had was not an appropriate area of investigation and was not of substantial probative value in relation to […]
New evidence as to a complainant’s reliability and truthfulness, which was not disclosed at the trial in 2001 of a man charged with indecently assaulting under-age children and attempted buggery of an under-age boy when he worked at children’s homes in the 1970s, would not have affected the safety of his convictions even if it […]
A recorder had not erred in refusing a defence application to cross-examine a rape victim pursuant to the Youth Justice and Criminal Evidence Act 1999 s.41 in order to question her regarding her sexual relationship with another man.
A judge had exercised his discretion fairly under s.41 Youth and Criminal Evidence Act 1999 by ruling as admissible certain evidence about sexual abuse on complainant children by persons other than their parents against whom criminal proceedings had been brought.
