AG -v- Correia [2015] JRC 061A (26 March 2015)

AG -v- Correia [2015] JRC 061A (26 March 2015)

Evidence of the complainant's previous sexual history with persons other than the defendant, including the text messages sought to be admitted, is irrelevant to the issue of consent or credibility and inadmissible except for specific legitimate purposes. The texts do not meet the threshold for admissibility as...

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Citation
[2015] JRC 061A
Parties
Applicant: Defendant; Respondent: Prosecution; Witness: Complainant
Jurisdiction
Jersey
Judgment Date
26 March 2015
Procedural Posture
Criminal / Pre Trial Evidentiary Ruling
Outcome
application refused
Legal Topics
Admissibility of Evidence, Sexual Offences, Cross Examination, Previous Sexual History, Fair Trial Rights
Criminal Law Evidence Law Admissibility of Evidence Sexual Offences Cross Examination Previous Sexual History Fair Trial Rights

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Parties

Defendant

Applicant

Prosecution

Respondent

Complainant

Witness

Procedural Posture

Criminal / Pre Trial Evidentiary Ruling

Legal Issues

  1. 1 Whether evidence of complainant's previous sexual history with persons other than the defendant is admissible in a rape or attempted rape trial
  2. 2 Whether text messages between complainant and her boyfriend are relevant to the issue of consent or credibility
  3. 3 Whether such evidence is admissible as background evidence

Ratio Decidendi

Evidence of the complainant's previous sexual history with persons other than the defendant, including the text messages sought to be admitted, is irrelevant to the issue of consent or credibility and inadmissible except for specific legitimate purposes. The texts do not meet the threshold for admissibility as similar act evidence, motive to fabricate, or necessary background. The defence may rely on agreed admissions regarding the instability of the complainant's relationship with her boyfriend, but not on the texts or cross-examination about her previous sexual history.

Court Disposition

application refused

Orders

  • Leave to cross-examine complainant about previous sexual history with other men refused.
  • Leave to admit text messages in evidence refused.