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d) Detail of the complainant’s account must have come from other sexual activity before or after event which provides explanation for knowledge of that activity
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This subsection applies if the evidence or question relates to a relevant issue in the case and that issue is an issue of consent and the sexual behaviour of the complainant to which the evidence or question relates is alleged to have taken place at or about the same time as the event which is the subject matter of the charge against the accused. LoveReading4Kids exists because books change lives, and buying books through LoveReading4Kids means you get to change the lives of future generations, with 25% of the cover price donated to schools in need. Join our community to get personalised book suggestions, extracts straight to your inbox, 10% off RRPs, and to change children’s lives. The Court of Appeal upheld the trial judge’s refusal to permit this cross-examination finding that there was insufficient similarity between what was described in the records and what was alleged to have happened at the hands of the appellant. The Court also made the point that cross examination would have brought into play evidence about the complainant’s sexual behaviour generally and was not directed to the similarity of the conduct on the relevant occasions. Indeed, in this case, there was no dispute as to the circumstances in which the complainant found herself to be in the company of the appellant; the dispute was what had happened once they were together at the flat and the fact that she had engaged in risky casual sex previously did not mean that she had done so, consensually, on this occasion.There is a general prohibition on the admission of previous sexual history evidence and on questions about previous sexual history unless the court gives leave.
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secondary evidence of sexual behaviour (e.g. abortion and paternity suits). In R v P(R) [2013] EWCA Crim 2331, a complainant’s visit to an abortion clinic with defendant was deemed inadmissible. The Court of Appeal held that a question about an abortion may amount to a question about a complainant’s previous sexual activity. Early pregnancy ultrasound measurements and prediction of first trimester pregnancy loss: A logistic model The Haima Glintstone Crown likely portrays the countenance of the founder of its respective Conspectus, the Haima Conspectus, as most Glintstone Crowns do.Whilst this was suggested by Lord Hope as a possible example of this gateway, it is extremely limited in scope as the evidence must relate to a “relevant issue in the case” and very often a motive to fabricate will not be a relevant issue. It is important to scrutinise with care the circumstances of the allegation and the reasons it is being suggested why there is an alleged motive to lie. There may be some cases where there will have to be a reference to the sexual behaviour of the complainant when exploring a motive to fabricate to ensure a fair trial but these types of cases should be approached with care. An example of such a case is R v F [2005] 2 Cr App R 13. Lek, S. M. et al. Validation of serum progesterone <35 nmol/L as a predictor of miscarriage among women with threatened miscarriage. BMC Pregnancy Childbirth 17, 78–84 (2017). Hello Yellow - 80 Books to Help Children Nurture Good Mental Health and Support With Anxiety and Wellbeing -
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