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

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Appendix Three: Attended Trials

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

SPSS

No.

Charge number and charge type

Defence of consent

s.275 Application
made?

Nature of evidence /questioning sought

Application decision

Charge Verdict

240

1. Rape

Yes

None made

n/a

n/a

1. Not Proven

241

1. Indecent Assault
Rape

No

None made

n/a

n/a

1. Not Guilty
2. Not Guilty

236

1. Abduction, Assault and Rape
Theft

Yes

Crown

Defence

Prostitution; drug addiction

Prostitution

Allowed in full
Allowed in full

1.Not Proven
2.Withdrawn

238

1. Rape

Yes

Defence

Past sexual history with accused; sexual maturity; mistaken belief in age

Allowed in full

1.Not Guilty

233

1. Rape

Yes

Defence

Complainer's sexual maturity/sexual experience; consumption of alcohol at time of alleged offence

Partially allowed

1.Not Guilty

239

1. Rape alt Crim Law Cons Act 1995 s.1

No

Crown

Defence

Sex behaviour with third party; complainer's alleged drug addiction

Sex behaviour with third party; motive for false allegation; past unproven allegations; drug addiction

Allowed in full

Partially allowed

1. Guilty of alternative - Criminal Law
Consolidation Act 1995 s.1

234

1. Attempted Rape

Yes

Defence

(Application was submitted 3 times)

1s t submission: complainer's sexuality;

2nd submission: complainer's sexuality; virginity

3rd submission: complainer's sexuality

Refused as not relevant to guilt of accused.
Partially allowed.

Judge refuses to consider 3rd submission

1. Not Guilty

232

1. Rape;
Crim Law Cons Act s.1
Crim Law Cons Act s.6
Crim Law Cons Act s.6
Crim Law Cons Act s.1

No

Defence

Past unproven allegations of sexual abuse; delay in reporting alleged offences; motive for false allegation (financial gain); contraceptive history

Allowed in full

1.Wthdrawn
2.Not proven
3.Not proven
4.Guilty
5.Guilty

237

1. Rape
Indecent Assault

Yes

Defence

Prostitution; sexual behaviour with accused on same occasion; consumption of alcohol at time of offence; refusal to cooperate with police; frequenting 'red light' area

Partially allowed

1.Guilty
2.Withdrawn

235

1. Rape

Yes

Crown

Defence

Past sexual history with accused;

Past sexual history with accused; complainer's sexuality; sexual behaviour with third party

Allowed in full
Allowed in full

1. Not Guilty