Ferguson v HM Advocate

Criminal evidence – Rape – Distress – Corroboration of lack of consent – Distress relied on observed after significant interval. High Court of Justiciary: Refusing an appeal by an appellant who was convicted of raping a complainer following a party at his home, after getting into bed with her when she was still clothed and sleeping off the effects of alcohol, the court rejected a contention that distress heard in a phone call to the complainer's friend on the day following the incident could not provide corroboration of the complainer's lack of consent when she had not exhibited distress to anyone, including her parents and boyfriend, in the intervening period.

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