[2007] EWCA Crim 3201

The purpose of the Youth Justice and Criminal Evidence Act 1999 s.41(3) was to strictly limit the ability of a defendant to question a complainant about her sexual behaviour; s.41(3)(c) made it clear that such cross-examination would only be permitted where there was evidence of sexual behaviour which was similar to that in question and where the similarity could not reasonably be explained as coincidence.

CA (Crim Div) (Moses LJ, Mitting J, Recorder of Swansea)

24/05/2007