Sexual History Evidence: When Can Such Evidence Be Adduced?

Created by: Sarah Roche
Created on: 10-06-17 14:47

Give an example of where s.41(3)(a) was satisfied

Bahador: evidence of V's performance on a night club stage earlier on on the night of the alleged incident (exposed *****, stimulated oral sex)

1 of 10

What idea is s.41(3)(b) based upon?

Idea that V's conduct at time of events might be relevant

2 of 10

Give an example of where s.41(3)(b) wasn't satisfied

Stephenson: S was refused leave to ask V whether she had kissed other young men earlier on in evening she was *****

3 of 10

Can s.41(3)(b) be satisfied where events took places weeks/days/months before alleged ****?

No: A (No 2)

4 of 10

Which condition should we remember? (when applying exceptions to general rule)

s.41(6) (requires D to explain why a particular instance is important to case at hand)

5 of 10

Which exception is Evans an example of? (As in, Ched Evans)

s.41(3)(c)

6 of 10

What evidence did Ched Evans want to adduce?

Evidence of 2 other men who claimed V liked to drink lots before having sex, used certain phrases during sex, liked certain sex positions (1 had sex with V a few days before alleged ****, other had sex a few weeks after)

7 of 10

Was this evidence admitted under exception (i) in s.41(3)(c)?

Yes

8 of 10

How did Hallet LJ describe evidence needed to be under s.41(3)(c)?

Evidence doesn't need to be 'unusual or bizarre', just so similar it can't be explained by coincidence

9 of 10

Does s.41 distinguish between sex with others and sex with D (according to Evans)?

10 of 10

Other cards in this set

Card 2

Front

What idea is s.41(3)(b) based upon?

Back

Idea that V's conduct at time of events might be relevant

Card 3

Front

Give an example of where s.41(3)(b) wasn't satisfied

Back

Card 4

Front

Can s.41(3)(b) be satisfied where events took places weeks/days/months before alleged ****?

Back

Card 5

Front

Which condition should we remember? (when applying exceptions to general rule)

Back

View more cards

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Sexual History Evidence: When Can Such Evidence Be Adduced?