[2007] EWCA Crim 23

In terms of the admissibility of evidence under the Youth Justice and Criminal Evidence Act 1999 s.41, there was no difference between evidence from a female complainant as to her previous sexual history and experience, and evidence from a male rape victim as to whether he had previously engaged in any homosexual activity, since both questions were predicated on the proposition that previous consent was evidence of present consent.

CA (Crim Div) (Hughes LJ, Rafferty J, Sir Charles Mantell)

12/01/2007