Rape

The suspect was charged with rape. His defence was that intimate intercourse took opus with the plaintiffs consent, or, alternatively, that he believed that she had consented. At a preceding(prenominal) hearing pursuant to s 29 of the malefactor use and Investigations Act 1996 defence counsel applied for leave cross-examine the plaintiff about an assert previous knowledgeable 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 plaintiff could not be cross-examined, nor could evidence be led, about her alleged versed relationship with the defendant. The judge observed that that ruling would prima(predicate) facie result in a breach of the right to a fair causal agent down the stairs art 6 of the European get together 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 host 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 circle had conceded, in relation to the defendants belief in the plaintiffs consent.

The court was, however, of the view that a care by the mental testing judge to the jury that the evidence of the complainants consensual activity with the defendant during the period kind of 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 Europea n assembly on Human Rights. The Crown appea! led.Held The appeal would be dismissed.Under s 41(3)(c) of the Youth Justice and Criminal Evidence Act 1999, construed where demand by applying the interpretative obligation under s 3 of the Human Rights Act 1998, and due regard always foundation paid to the importance of seeking to protect the complainant from...If you require to get a full essay, order it on our website: OrderEssay.net

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