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R v ROBERT MICHAEL WINTER [2008] EWCA Crim 3

A statement by a woman that she had a loving and devoted relationship with a man was not to be adjudged a lie merely because she also had a sexual relationship with another man. If such a statement contained a lie at all, it was a comparatively insignificant lie which was not a matter about which questions should be permitted under the Youth Justice and Criminal Evidence Act 1999 s 41.

29 January 2008

The appellant (W) appealed against his conviction for assault by digital penetration. W and the victim (V) had begun a conversation late at night in a pub. Both had been drinking alcohol. At the end of the night, W and V left together in a taxi that took them to W’s house. At his house, V alleged that W had pushed her to the sofa, removed her knickers and penetrated her vagina with his fingers and then his penis. On leaving W’s house, V flagged down a police car and alleged that she had been raped by W. W maintained that V had been flirting with him all night and that the sexual encounter had been consensual, but that he had not penetrated her with his penis. At trial, W sought to cross-examine V about her first police interview in which she had claimed to be in a loving and devoted relationship with her long-term partner (M). The next day, V returned to the police station to explain that she was also having a sexual affair with another man (S). The judge held that the Youth Jus...

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