Criminal

Rape evidence of complainants sexual history admissibility R v Y: CA (Rose LJ, Hooper and Goldring JJ): 15 January 2001The defendant faced a charge...Rape evidence of complainants sexual history admissibility R v Y: CA (Rose LJ, Hooper and Goldring JJ): 15 January 2001The defendant faced a charge of rape.

At a preparatory hearing the trial judge ruled that section 41 of the Youth Justice and Criminal Evidence Act 1999 precluded him from adducing evidence of any previous sexual behaviour which had occurred between the complainant and the defendant, unless that evidence fell within section 41(3)(b) in that the sexual behaviour had occurred at or about the same time as the event which was the subject matter of the charge against the accused, or within section 41(3)(c) was so similar that it might said to be part of a pattern of sexual behaviour.

The defendant appealed against that ruling under section 35 of the Criminal Procedure and Investigations Act 1996.Peter Rook QC and Emma Lowry for the defendant; David Perry and Patricia Lees for the Crown.

Held, allowing the appeal, that the defendant was not precluded by section 41(3)(a) of 1999 Act, where his defence was his belief in the complainants consent, from adducing evidence, if such was the case, that the complainant and the defendant had recently taken part in sexual activity with each other; but that such evidence was admissible only in relation to the defendants belief and not in relation to whether the complainant in fact consented.