R v YAW 2025
YAW was convicted in the Crown Court at Portsmouth for the rape of his daughter, C. C, aged 21 at the time, testified that she was raped after a visit to YAW's home to collect her younger brother. C provided an audio recording evidencing her non-consent, with repeated pleas of "No" and "Stop."
YAW admitted sexual intercourse but claimed it was consensual and sought to introduce evidence that C had made a prior false allegation of rape against another individual, referred to as 'X'. The trial judge excluded this evidence, finding no proper foundation for concluding that the allegation was false and determining that it lacked substantial probative value.
YAW subsequently appealed the exclusion of this evidence.
Held
Appeal dismissed.
The Court of Appeal dismissed YAW's appeal. The trial judge's decision to exclude evidence of C's prior allegation of rape was upheld, and YAW's conviction for rape was deemed safe.
The court upheld the trial judge's reasoning that the evidential material did not provide a sufficient basis for concluding that C's prior allegation against X was false. The court emphasised the need for a "proper evidential basis" and found that, in this instance, the prior allegation's details did not meet that threshold. The court noted that the material presented was equivocal and could not support a concrete inference of falsity. The trial judge was correct to consider the context of the prior allegation, such as the abusive circumstances and age of the complainant, and to caution against introducing satellite issues lacking substantial probative value. The court also concurred with the trial judge's evaluation that even if the prior allegation were relevant, it lacked substantial probative value concerning the critical issues of consent and reasonable belief in consent at the core of the trial.
Reproduced with permission of Reed Elsevier (UK) Limited, trading as LexisNexis.
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