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.

A judge had erred in refusing to allow cross-examination of a rape complainant regarding her previous convictions, as the evidence was of substantial probative value in respect of the question of whether her allegation was worthy of belief. However, the evidence would have had no significant impact on the jury’s consideration of the specific issues […]