Admissibility of Previous Sexual History - Learn Live for Criminal Lawyers

Introduction

The law and policy in relation to the admissibility of a complainant’s sexual history is perhaps one of the most controversial areas of law.

The competing interests of privacy and the right to a fair trial come head-to-head for a judge to make an important decision on. Sensitivity is key, knowledge of the law is essential, and a working understanding of the procedure all align to present a significant challenge for all involved in such cases.

This virtual classroom seminar is designed for those practising in both the Crown Court and the Youth Court, where an increasing number of sexual offences and rape cases are being heard.

One of the exceptions to cross-examination on sexual history is potentially even more significant when dealing with young witnesses and defendants. This course will look at all the exceptions to the rules and look at the case law dealing with the issue of what ‘so similar’ means in practice.

What You Will Learn

This live broadcast will cover the following:

• What is the procedure for applying to adduce a complainant’s previous sexual history?
• What are the ‘twin-myths’ in rape cases?
• What is the significance of the House of Lords case of R v A?
• In practice, what is the most likely exception to the rule?
• Is general evidence of previous sexual history admissible, or must it relate to a specific incident?
• If I am successful in my application, how is this likely to be dealt with at trial?

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.