Mr Power gave further details of his proposal yesterday, saying it was aimed at cases where the complainant’s relationship with the accused was raised. This would only happen if the judge gave prior permission.
I said yesterday I supported restrictions on questions about the complainant’s previous sexual relationships.
However I have to say I think it would be pretty dangerous to ban any evidence or questions about the actual history and relationship of the complainant and accused. This seems to me incredibly relevant – especially when a trial has consent as the only disputed fact.
Considering there are a significant number of false complaints made, this could lead to more innocent people going to jail. And I am reminded of the maxim better 100 guilty people go free, than one innocent person is jailed.Tags: law & order, rape, Simon Power