Summing Up the Defence Myths in Sexual Offences

Introduction

This webinar will explore the issue of ‘rape myths.’

Juries are routinely directed in relation to such myths when considering the evidence of the complainant. Perhaps less talked about are the checks and balances that exist to the advantage of the defendant. Rape and sexual offences present a particular challenge for advocates when dealing with summing up, as many issues that arise in such cases do not arise elsewhere. A special toolkit is required to deal with the tricky area of sexual offences.

The webinar will take practitioners through the specific challenges of summing up in sexual offences by analysing a recent Court of Appeal decision (R v Lake) which highlighted several errors not dealt with at trial.

It will also give practical guidance on how to ensure the case is dealt with correctly first time and not re-litigated in the Court of Appeal.

What You Will Learn

This webinar will cover the following:

• Recent complaint - how should the jury be directed on this?
• What is the evidential value of the complainant’s distress when making a complaint?
• What is the evidential value of the complainant’s distress when giving evidence?
• Directing the jury on a refusal to provide intimate samples
• Directing the jury on special measures
• Directing the jury on drunkenness/intoxication

This webinar was recorded on 21st September 2023

You can gain access to this webinar and 1,700+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.