T, R. v (Rev 1) [2021] EWCA Crim 318 (25 February 2021)
In the circumstances of this case, questions regarding the complainant's sexual orientation and identity constituted 'sexual behaviour' under section 41 of the 1999 Act, required leave, and were properly excluded by the trial judge as speculative, irrelevant, and aimed at impugning credibility. The exclusion did not render the trial unfair.
- Citation
- [2021] EWCA Crim 318
- Parties
- Appellant: T; Respondent: Regina (The Crown)
- Jurisdiction
- England and Wales
- Judgment Date
- 25 February 2021
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction
- Outcome
- Appeal dismissed
- Legal Topics
- Rape, Cross Examination, Sexual History Evidence, Section 41 Youth Justice and Criminal Evidence Act 1999, Sexual Orientation, Fair Trial
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
T
Appellant
Regina (The Crown)
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Legal Issues
- 1 Whether questions regarding the complainant's sexual orientation and identity constitute 'sexual behaviour' under section 41 of the Youth Justice and Criminal Evidence Act 1999
- 2 Whether refusal to allow such cross-examination rendered the trial unfair
Ratio Decidendi
In the circumstances of this case, questions regarding the complainant's sexual orientation and identity constituted 'sexual behaviour' under section 41 of the 1999 Act, required leave, and were properly excluded by the trial judge as speculative, irrelevant, and aimed at impugning credibility. The exclusion did not render the trial unfair.
Court Disposition
Appeal dismissed
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment