Practice and Procedure

R v JD (2008)

PUBLISHED October 24, 2008

[2008] EWCA Crim 2557

In a judge's summing up in a rape trial the fact that the trauma of rape could cause feelings of shame and guilt that might inhibit a woman from making a complaint about rape was sufficiently well known to justify a comment to that effect. A judge had made comments in excess of what had been necessary by emphasising in detail the effect of rape in a relationship, and had not given a balanced summing up on the issue of delay in making a complaint, but on the evidence convictions for rape had been safe.

CA (Crim Div) (Latham LJ, Mackay J, Dobbs J)