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Original poster

sexual history of rape victims

401 replies

dorade · 24/09/2013 23:29

As I understand it, judges have the discretion to allow the defence to question a rape complainant on her sexual history. (Please correct me if that is not correct).

Can anyone explain to me why judges need this discretion and under what circumstances, if any, the use of it could be justified?

OP posts:
Suelford · 25/09/2013 07:44

There is a lot of discussion about it in this case: R v A, but it's too early in the morning for me to attempt to summarize it! Basically they feel it is relevant evidence, and not allowing it wouldn't give the accused a fair trial.