Source: All England Reporter
Publisher Citation: [2001] All ER (D) 520 (Jul)
Neutral Citation: [2001] EWCA Crim 1877
Court: Court of Appeal, Criminal Division
Judge:

Keene LJ, Garland and Burton JJ
Representation Melbourne Inman QC and Adrienne Lucking (instructed by Moss & Co, Loughborough) for T.
  Frances Oldham QC and Felicity Gerry(instructed by the Crown Prosecution Service) for the Crown in T's appeal.
  Andrew Nuttall (instructed by Draycott Browne, Sale) for H.
  Suzanne Goddard (instructed by the Crown Prosecution Service) for the Crown in H's appeal.
Judgment Dates: 26 July 2001

Catchwords

Criminal evidence - Sexual offence - Cross-examination of complainant about previous sexual behaviour - Restrictions on evidence - Statutory provision restricting admissibility of evidence or questions about complainant's previous sexual behaviour - Whether questions relating to complainant's failure on previous occasion to refer to sexual abuse by defendant when referring to sexual abuse by others questions about complainant's previous sexual behaviour - Whether questions designed to establish that complainant having lied previously about sexual as well as non-sexual matters questions about complainant's previous sexual behaviour - s 41.

The Case

Section41 of the does not automatically exclude questions proposed to be put in cross-examination of a complainant in a rape trial relating to her failure on previous occasions to make any reference to sexual abuse by the defendant when she was referring to abuse by others, or questions designed to establish that she has lied on a number of occasions in the past about sexual matters, as well as non-sexual matters.

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