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R v David Stevenson

Although a judge had been wrong to refuse leave to cross examine a complainant in a sexual abuse case on her previous bad character in order to determine her propensity for truthfulness it could not be said that the conviction was unsafe.

8 September 2006

The appellant (S) appealed against convictions for indecency with a child contrary to the Indecency With A Child Act 1960 s.1(1) and rape contrary to the Sexual Offences Act 1956 s.1(1). The complainant (C) had made allegations of historical sexual abuse against S following therapy for psychological disorders involving the resurfacing of repressed memories. C and S were known to each other and had lived together with a family for a period of three years. C stated that during that time S had committed gross acts of indecency with her and forced her to participate in masturbation when she was 13, and that the relationship developed into one involving sexual intercourse on a regular basis. S's defence at trial was an outright denial of all the events complained of and that there had been no sexual contact between them. S submitted that the trial judge had erred in refusing leave to cross examine C on her sexual history under the Youth Justice and Criminal Evidence Act 1999 s.41. S argu...

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