[2009] EWCA Crim 434

When refusing an application under the Youth Justice and Criminal Evidence Act 1999 s.41(3) to cross-examine a rape victim about medical documents which referred to her previous sexual behaviour, a judge had been entitled to conclude that there was insufficient similarity with the events out of which charges against the offender had arisen, and that allowing cross-examination would have raised matters relating to her sexual behaviour rather than similarity.

CA (Crim Div) (Thomas LJ, Griffith Williams J, Sir Robert Nelson)

09/03/2009