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Top Criminal Barrister QC and Leading Rape Defence Counsel

RELEVANCE TO DEFENCE

February 15, 2005

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

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"HISTORIC" OFFENCES ABUSE OF POSITION OF TRUST ADMISSIBILITY AGGRAVATING FEATURES ASSAULT BY PENETRATION ATTEMPTS BAD CHARACTER BUGGERY CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CHILDREN CHILD SEX OFFENCES CONSENT CREDIBILITY CRIMINAL EVIDENCE CRIMINAL LAW CRIMINAL PROCEDURE CROSS-EXAMINATION DANGEROUSNESS DELAY EXTENDED SENTENCES FRESH EVIDENCE GUILTY PLEAS HUMAN RIGHTS IMPRISONMENT FOR PUBLIC PROTECTION INCONSISTENT VERDICTS INDECENT ASSAULT INDECENT PHOTOGRAPHS OF CHILDREN JURY DIRECTIONS MINIMUM TERM PREVIOUS CONVICTIONS RAPE RAPE OF CHILD UNDER 13 RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES SEXUAL ACTIVITY WITH CHILDREN SEXUAL ASSAULT SEXUAL ASSAULT OF CHILD UNDER 13 SEXUAL OFFENCES SEXUAL OFFENCES PREVENTION ORDERS SUMMING UP TOTALITY OF SENTENCE UNDUE LENIENCY YOUNG OFFENDERS