Appeal dismissed in case of BUV vs Rex
Court of Appeal upholds conviction in a sensitive sexual offences case involving a minor
Introduction
The Court of Appeal has dismissed an appeal against conviction in the case of BUV, who was found guilty of two counts of rape and one count of sexual assault. The offences, committed against a 14-year-old girl, were upheld by the court, maintaining the 12-year concurrent sentence imposed by the Snaresbrook Crown Court.
Background
The appellant, anonymised as BUV to protect the identity of the victim, was convicted in May 2022. The offences occurred in July 2018, when the victim, a cousin of the appellant's wife, was taken to BUV's home under the guise of helping with household chores. There, she was given alcohol and subsequently assaulted.
Grounds for Appeal
The appeal centred on two main grounds: firstly, that evidence regarding the change in the complainant's demeanour after the alleged offences was wrongly admitted; and secondly, that there were inadequate directions given to the jury regarding this evidence.
The Trial
During the trial, the prosecution presented evidence that BUV had taken the complainant for a drive under the pretext of sobering her up, where further assaults occurred. The defence argued that the allegations were fabricated, motivated by family disapproval and a need to cover up underage drinking.
Evidence and Testimonies
The complainant's father testified about her change in behaviour following the incident, which the defence argued was inadmissible. The defence also presented footage of the complainant appearing happy at a family event after the alleged offences, suggesting her behaviour was inconsistent with the claims.
Judgment
Lord Justice Dingemans, delivering the judgment, stated that while the father's evidence was technically admissible, it was of limited assistance. The court found that the jury had been properly directed to disregard stereotypical assumptions about victim behaviour.
Conclusion
The Court of Appeal concluded that the conviction was safe, supported by contemporaneous evidence such as Snapchat messages and medical findings consistent with the complainant's account. The appeal was dismissed, affirming the original verdict and sentence.
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