Nov 27, 2014

FACTS

.Accused had sexual relations with victim and spent the night at her place one night. The following night the victim told him no. He forcibly had sex with her leaving bruises on her person.The appeal hinged on her testimony that she refused his advances the second night because it was “too early” in the relationship and whether this testimony could mislead the judge if the latter did not also consider the previous sexual conduct.

ISSUES

Was the judge right in excluding previous sexual relations as evidence of consent?

HELD

Yes.Accused’s appeal rejected.

RATIO

the accused did not rely on the events from the previous night to support his belief that the victim did consent; instead, his defence was that the victim did consent.