ADMISSIBILITY OF EVIDENCE OF COMPLAINANT’S SEXUAL HISTORY

[2006] EWCA Crim 1884 [2006] EWCA Crim 1884

The object of the Youth Justice and Criminal Evidence Act 1999 s.41 was to prevent anyone, prosecution or defence, from asking questions that might cause embarrassment or difficulty to a complainant, male or female, about matters that were entirely personal, interference with which would damage the complainant’s autonomy. The protective effect of the Police and Criminal Evidence Act 1984 s.78 was perfectly apt to be deployed in an appropriate case where it was thought by the judge that the impact of s.41 of the 1999 Act on a defendant might produce an adverse effect on the fairness of the proceedings.