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
In a trial in respect of a number of sexual offences, an application to cross-examine the complainant about what she had said in the past concerning her previous relationships with men was rightly rejected as being contrary to the Youth Justice and Criminal Evidence Act 1999 s.41 . There was nothing inconsistent with guilty verdicts where sexual acts had been admitted, and acquittals where the sexual act itself had been denied and the issue had been consent.
ACQUITTALS CRIMINAL EVIDENCE CRIMINAL PROCEDURE CROSS-EXAMINATION EXAMINATION OF PREVIOUS SEXUAL HISTORY INCONSISTENT VERDICTS INDECENT ASSAULT ISSUE OF CONSENT RAPE S.41 YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999 SEXUAL ACTS ADMITTED SEXUAL OFFENCES STATEMENTS OF SEXUAL HISTORY
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