Impact of Aspects of the Law of Evidence in Sexual Offence Trials: An Evaluation Study

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Appendix Two: Transcribed Trials

High Court Sexual Offence Trials Transcribed (Feb to Aug 2006), By Sexual Charge, s.275 Application And Trial Outcome

No.

Charge Type

Consent

s.275 made?

Nature of evidence/questioning sought in s.275 application

s.275 decision of the court

Trial Outcome

007

1. Lewd and Lib
2. Lewd and Lib
3. Lewd and Lib
4. Assault
5. Assault
6. Assault
7. Assault
8. Assault
9. Assault

No

Defence

3 young complainers
(2 of whom subject to sxl charges)

Complainer known to teachers for telling frequent lies

Refused

1. Not Proven
2. Not Proven
3. Not Proven
4. Not Proven
5. Withdrawn
6. Not Proven
7. Withdrawn
8. Withdrawn
9. Withdrawn

039

1. Crim Law Cons (5)
2. Rape

Yes

Defence

Past sexual history with accused; sexual history; complainer's use of alcohol

Allowed in full

1. Late guilty plea
2. Guilty of Crim Law Cons (6)

044

1. Rape

Yes

Defence
Crown

Sexual history
Sexual history with third party

Allowed in full
Allowed in full

1. Not proven

056

1. Rape

Yes

Crown

Lack of virginity

Allowed in full

1. Not proven

069

1. Rape

Yes

Defence
(2 apps)

1st Sexual behaviour with accused on same occasion
2nd Contraceptive history

Allowed in full

Unnecessary

1. Not proven

076

1. Rape
2. Contra Bail
3. Contra Bail
4. Contra Bail
5. Contra Bail
6. Breach of Peace
7. Contra Bail
8. Breach of Peace
9. Contra Bail
10.Breach of Peace
11. Contra Bail
12. Contra Bail

Yes

Defence
(2 apps)

1st Sexual history; past sexual history with accused.
Dishonesty (complainer being investigated by employer for theft); Behaviour after offence (maintaining contact with accused)
2nd general character (allegations of theft)

Partially allowed



Refused

1.Not proven.
2. Guilty
3. Guilty
4. Guilty
5. Guilty
6. Guilty
7. Not Guilty
8. Not Guilty
9. No case to Answer
10. No Case to Answer
11. Not Guilty
12. Not Guilty

078

1. Assault
2. Assault
3. Assault
4. Assault
5. Lewd and Lib
6. Assault
7. Lewd and Lib
8. Contravention of Bail

No

Crown

Behaviour of complainer after the alleged incidents (masturbation/ approaching other boys in toilets)

Refused

1. Late guilty plea
2. Late guilty plea
3. Late guilty plea
4. Late guilty plea
5. Not guilty
6. Late guilty plea
7. Not guilty accepted
8. Late guilty plea
9. Late guilty plea

099

1. Indecent Assault
2. Indecent Assault
3. Indecent Assault
4. Rape

No

Defence
(2 apps)

1st Complainer's relationships; dishonesty; habitual liar; sexual fantasist; hysterical conduct; sexual history of complainer; past unproven allegations; alcohol use; behaviour after offence (disclosure to others both verbally and by letter/withdrawal of charges)
2nd (made during trial) 'an ongoing acrimonious dispute between complainer and accused's brother inc. fights in street)

Partially allowed






Refused

1. Guilty
2. Not Proven
3. Guilty
4. Guilty of reduced charge of Indecent Assault

111

1. Rape

Yes

Defence

Crown

Sexual behaviour with accused on same occasion.

Sexual history

Withdrawn

Allowed in full

1. Guilty

117

1. Breach of peace
2. Ass with intent Rape
3. Breach of peace
4. Civic Gov s.52(1a)


Yes


Defence

Complainer's sexual history. Sexual history with accused; behaviour after offence (continued contact with accused); false allegation that accused filmed their sexual activity without her knowledge. Delay in reporting the allegations


Allowed
( AD thought the application was unnecessary but didn't oppose it)

1. Withdrawn
2. Not proven
3. Not proven
4. Withdrawn

121

1.Rape


Yes

Defence

3 applics

One in relation to complainer and 2 for other witnesses

1st Sexual history with accused; sexual history of complainer (sxl promiscuity following consumption of alcohol and complainers denial of such behaviour)
2nd To ask witnesses about complainer's sexual history with accused.; promiscuity following consumption of alcohol; that complainer made false allegation in order to make criminal injuries claim.
3rd To ask witness about complainer's sexual history with accused; promiscuity following consumption of alcohol. To discredit complainer's statement that she is lesbian and hates men

1. Refused



2.Allowed in full




3. Refused

1. Guilty

128

1.Rape

Yes

Defence

Sexual history with accused; drug use; mental instability; delay in reporting offence

Partially allowed

1. Not guilty

138

1. Rape

Yes

Crown

Past sexual history with accused

Allowed

1. Guilty of reduced charge of Assault

152

1. Ind Ass + robbery
2. Ind Ass + robbery
3. Contra Bail

No

Defence
(2 applics)

2 compls

1st Prostitution (Compl #2)
2nd Involvement in prior incident as victim of assault and had stolen drugs from her assailant (Compl #1)

Allowed in full
Allowed in full (following amendment)
( AD thought application was unncessary but did not oppose it)

1. Both charges withdrawn after evid-in-chief of Compl #1

168

1.Rape

Yes

Defence
(2 apps)

1st Sexual history
2nd verbal application at start of trial to elicit evidence to rebut contents of complainer's statement

Refused
Refused

1.Guilty

172

1. Ass with intent Rape
2. Attempted Rape

Yes

Defence

Sexual history with accused; sexual behaviour on same occasion; sexual character; drug use; denial of sexual element of the charge to police after offence

Allowed in full

1. Found Guilty of reduced charge of Ass
2. Found Guilty of reduced charge of Ind. Ass

188

1. Sex Off Act 1976 s.5
2. Indecent Assault
3. Sex Off Act 1995 s.6
4. Indecent Assault
5. Rape

No

Defence

That complainer had reported the sexual abuse to teachers; dishonesty (that complainer told community psychiatric nurse that she had reported the abuse to police who had not shown any interest in her complaint); behaviour after offence (continued contact with accused, inc. giving him gifts)

Allowed in full

( AD thought the application was unnecessary but did not oppose it)

1. Guilty
2. Guilty
3. Guilty
4. Not proven
5. Charge withdrawn

204

1. Rape

Yes

Defence

Sexual history with accused; asking for payment for sex. Dishonesty (claimed benefits whilst working)

Partially allowed

1. Not guilty

209

1.Rape

Yes

Crown

Complainer suffers depression

Allowed in full

1. Not guilty

210

1.Rape

Yes

Defence

Complainer's contraceptive history; complainer in current relationship; sexual behaviour on same occasion

Allowed in full

1.Guilty

211

1.Rape

Yes

Defence
Crown

Sexual behaviour with accused on same occasion
Sexual behaviour with accused on same occasion

Partially allowed
Allowed

1. Not guilty

212

1.Rape

Yes

Defence


Crown

Sexual behaviour with accused on same occasion; complainer gave accused a condom; sexual history with accused; sexual character
Complainer boasting of sexual prowess; displaying condom; telling 3rd party of her interest in accused

Unnecessary, then allowed in full
Unnecessary, then allowed in full

1. Not guilty

231

1. Indecent Assault
2. Indecent Assault
3. Rape
4. Indecent Assault
5. Rape
6 Indecent Assault

No

Defence

Crown

4 complrs

Complainers 1 and 2 are engaged in sexual relationship

Complainer 3 past sexual history with accused

Refused

Allowed

1. Withdrawn
2. Not guilty
3. Withdrawn
4. Not guilty
5. Withdrawn
6. Not guilty

108

1. Rape

Yes

Defence

Sexual behaviour with accused on same occasion
Sexual behaviour with accused in presence of third party

Unnecessary

1. Not guilty

192

1.Rape

Yes

None made

n/a

n/a

1. Not guilty

125

1.Rape

No

None made

n/a

n/a

1. No case to answer

094

1.Rape

Yes

None made

n/a

n/a

1. Not guilty

214

1.Rape

Yes

None made

n/a

n/a

1. Not guilty

042

1.Rape

Yes

None made

n/a

n/a

1. No Case to answer

012

1. Breach of Peace
2. Malicious Damage
3. Rape
4.Breach of Peace

Yes

None made

n/a

n/a

1.Withdrawn
2.Withdrawn
3. Not Proven
4. Withdrawn

Key to sexual offences:

Crim Law Cons s.1 Criminal Law (Consolidation) (Scotland) Act 1995 section 1 (incest)

Crim Law Cons s.5 Criminal Law (Consolidation) (Scotland) Act 1995 section 5 (intercourse with girl under 16 years)

Crim Law Cons s.6 Criminal Law (Consolidation) (Scotland) Act 1995 section 6 (indecent behaviour towards girl between 12 and 16 years)

Sex Offs 1976 s.5 Sexual Offences (Scotland) Act (indecent behaviour towards girl between 12 and 16 years)

Lewd and lib Lewd and libidinous practices and behaviour