Rape

The defendant was charged with rape. His defence was that intimate intercourse took point with the plaintiffs consent, or, alternatively, that he believed that she had consented. At a preceding(prenominal) hearing pursuant to s 29 of the pitiful mapping and Investigations Act 1996 defence counsel applied for leave cross-examine the plaintiff about an assert previous cozy relationship amid her and the defendant. Relying on the provisions of s 41 of the Youth judge and Criminal Evidence Act 1999 the judge ruled, inter alia, that the complainant could non be cross-examined, nor could evidence be led, about her alleged informal relationship with the defendant. The judge observed that that ruling would prima(predicate) facie result in a breach of the right to a fair social movement down the stairs art 6 of the European face-off on Human Rights. The defendant appealed against that ruling under s 35 of the 1996 Act. The Court of Appeal allowed his appeal , holding that although the core radical of s 41 of the 1999 Act was that the alleged previous sexual relationship was inadmissible as to the issue of consent, it was admissible, as the spinning top had conceded, in relation to the defendants belief in the complainants consent.

The court was, however, of the view that a care by the run judge to the jury that the evidence of the complainants consensual activity with the defendant during the period kinda the alleged rape was solely relevant to the question of the defendants belief as to consent, and not to the question whether the complainant in fact consented, might lead to an unfair trial in breach of art 6 of the European dominion on Human Rights. The Crown appeal! ed.Held The appeal would be dismissed.Under s 41(3)(c) of the Youth Justice and Criminal Evidence Act 1999, construed where fatality by applying the interpretative obligation under s 3 of the Human Rights Act 1998, and due regard always public paid to the importance of seeking to protect the complainant from...If you lack to get a full essay, order it on our website: OrderEssay.net

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