Australia: Prior false complaints cannot be admitted in NSW rape trial, court rules
Submitted by Mastodon on Thu, 2020-07-23 03:02
Article here. Excerpt:
'A jury in a NSW rape trial cannot be told about a complainant's alleged history of making false complaints and any change to the law would need to be made by Parliament, the Court of Criminal Appeal has said.
In a decision on Friday, a five-judge bench of the court said NSW laws protecting sexual assault complainants from being cross-examined about their sexual history also stopped evidence of prior false complaints being admitted in court.
...
His defence team sought to have admitted in court evidence of 12 prior false sexual assault complaints said to have been made by the complainant, most of which were made more than a decade earlier in 2001 and 2002 when the complainant was about 14.'
- Log in to post comments