Impact of Aspects of the Law of Evidence in Sexual Offence Trials: An Evaluation Study
Listen
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Withdrawn |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Withdrawn |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 |
|---|
Page updated: Wednesday, September 12, 2007