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.
CRIMINAL EVIDENCE CRIMINAL PROCEDURE CROSS-EXAMINATION JURY DIRECTIONS OFFENDER CLAIMING INJURY OCCURRED LATER OFFENDER INJURING PENIS DURING RAPE RAPE RECORDER REFUSING APPLICATION TO QUESTION VICTIM UNDER S.41 YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999 s.13(1) s.41(3) s.41(5) s.41(5)(a) s.42 SEXUAL ACTIVITY WITH CHILDREN SEXUAL OFFENCES ACT 2003 s.1(1) VICTIMS YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999 s.41
The defendant’s convictions for raping his partner were safe where there was expert evidence that his mental illness had not affected his ability to understand whether his partner had consented. Even if that were wrong, delusional beliefs that a victim was consenting could not render reasonable a belief that the victim was consenting when they were not.
ASSAULT CONSENT CRIMINAL DAMAGE CRIMINAL LAW CRIMINAL PROCEDURE DELUSIONAL BELIEF IN CONSENT EFFECT OF DEFENDANT’S MENTAL ILLNESS JURY DIRECTIONS MENTAL DISORDER RAPE REASONABLE BELIEF REASONABLENESS OF BELIEF IN CONSENT TO SEXUAL INTERCOURSE s.1 SCHIZOPHRENIA SEXUAL OFFENCES ACT 2003 s.1(1)
In circumstances where an offender had deceived a complainant and pressured her into having sexual intercourse more frequently than she would have done otherwise, the conclusive presumption under the Sexual Offences Act 2003 s.76 had no application as the complainant had not been deceived as to the nature or purpose of sexual intercourse.
CONSENT CRIMINAL JUSTICE AND COURT SERVICES ACT 2000 s.28 CRIMINAL LAW DECEPTION IRREBUTTABLE PRESUMPTIONS NATURE OF DECEIT CAUSING COMPLAINANT TO HAVE SEXUAL INTERCOURSE PRESUMPTIONS PROCURING INTERCOURSE RAPE s.3 s.74 s.75 s.76 s.76(2)(a) s.77 SENTENCING SEXUAL OFFENCES SEXUAL OFFENCES ACT 1956 s.3(1) SEXUAL OFFENCES ACT 2003 s.1(1)
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