A conviction for rape was not unsafe on the basis that the judge should have permitted cross-examination of the victim about the falsity of previous allegations of sexual abuse by other men. The fact that the victim had made but not pursued those allegations did not provide a proper evidential basis for showing the falsity of those complaints for the purposes of the Criminal Justice Act 2003 s.100.
ADMISSIBILITY CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.100(1)(b) CROSS-EXAMINATION LEAVE TO PERMIT CROSS-EXAMINATION OF WITNESS CONCERNING PREVIOUS ALLEGATIONS PREVIOUS STATEMENTS RAPE RELEVANCE OF VICTIM’S PREVIOUS ALLEGATIONS OF SEXUAL ASSAULT RELIABILITY s.100 s.42 s.42(1)(c) YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999 s.41
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 a 12-year-old complainant had alleged sexual abuse by her uncle, the trial judge had been entitled to refuse to allow her to be cross-examined about her previous sexual experience. What, if any, sexual experienceshe might have had was not an appropriate area of investigation and was not of substantial probative value in relation to whether she might have been lying about the conduct of her uncle .
ADMISSIBILITY BAD CHARACTER CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.100 CROSS-EXAMINATION SEXUAL ASSAULT OF CHILD UNDER 13 SEXUAL BEHAVIOUR YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999 s.41
New evidence as to a complainant’s reliability and truthfulness, which was not disclosed at the trial in 2001 of a man charged with indecently assaulting under-age children and attempted buggery of an under-age boy when he worked at children’s homes in the 1970s, would not have affected the safety of his convictions even if it had been admissible.
“HISTORIC” OFFENCES BUGGERY CHILD SEX OFFENCES CHILDREN’S HOMES CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.114 CRIMINAL PROCEDURE EFFECT ON SAFETY OF CONVICTIONS INDECENT ASSAULT NEW EVIDENCE AS TO COMPLAINANTS’ CREDIBILITY AND RELIABILITY PROSECUTION DISCLOSURE YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999 s.41
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
A judge had exercised his discretion fairly under s.41 Youth and Criminal Evidence Act 1999 by ruling as admissible certain evidence about sexual abuse on complainant children by persons other than their parents against whom criminal proceedings had been brought.
ABUSE ADMISSIBILITY APPEALS CHILDREN COMPLAINTS CONVICTIONS CREDIT CRIMINAL EVIDENCE CRIMINAL LAW CRIMINAL PROCEDURE CROSS-EXAMINATION DISCRETION EXCLUSION EXERCISE GUILT INCONSISTENT STATEMENTS INDECENCY WITH A CHILD INDECENT ASSAULT INNOCENCE INTERVIEW JURY LEAVE MISCONDUCT OTHERS PACE 1984 PARENTS PERMISSION PROCEDURAL IMPROPRIETY PROOF QUESTIONING RELEVANCE RIGHT TO QUESTION CHILD WITNESSES IN RELATION TO PRIOR COMPLAINTS OF ABUSE S.41 YOUTH AND CRIMINAL EVIDENCE ACT 1999 s.42(1)(c) S.78 POLICE AND CRIMINAL EVIDENCE ACT 1984 SEXUAL OFFENCES UNSAFE VIDEOS YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999 s.41
Please use the form below to make contact. Your email will be responded to promptly (we endeavour to respond to all email enquiries within one hour). Alternatively, you can call Stephen's firm, Twelve Tabulae Limited, on +44 (0) 203 846 5801.