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.
ABUSE OF POSITION OF TRUST ADMISSIBILITY CONSENT CRIMINAL EVIDENCE CRIMINAL LAW HONEST BELIEF RAPE SENTENCE LENGTH SENTENCING SEXUAL BEHAVIOUR 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 unsafe.
CONSENT CRIMINAL EVIDENCE CRIMINAL LAW CROSS-EXAMINATION DEFENDANT SEEKING TO CROSS EXAMINE VICTIM ON BEHAVIOUR IN NIGHTCLUB DISCRETION HONEST BELIEF INDECENT ASSAULT PREVIOUS SEXUAL BEHAVIOUR RELEVANCE TO DEFENCE S.41 YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999
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.
AGE AVAILABILITY OF DEFENCE OF HONEST BELIEF BELIEF AS TO AGE OF COMPLAINANT BUGGERY CRIMINAL LAW CRIMINAL LIABILITY DEFENCES HONEST BELIEF HONEST BELIEF VICTIM OVER 16 YEARS OLD IMPOSITION OF STRICT LIABILITY INTENTION OF PARLIAMENT MENS REA MENTAL ELEMENT s.1 s.10 S.12 SEXUAL OFFENCES ACT 1956 s.14 s.14(1) s.14(2) s.14(4) S.143(1) CRIMINAL JUSTICE AND PUBLIC ORDER ACT 1994 S.3 SEXUAL OFFENCES ACT 1967 s.5 S.5 SEXUAL OFFENCES ACT 1956 s.6 S.6 SEXUAL OFFENCES ACT 1956 s.6(3) s.7 SEXUAL OFFENCES SEXUAL OFFENCES (AMENDMENT) ACT 2000 SEXUAL OFFENCES ACT 1956 s.12 SEXUAL OFFENCES ACT 1967
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