LL v HM Advocate

Criminal evidence – Admissibility of evidence – Rape – Exceptions to restrictions on evidence relating to sexual offences. High Court of Justiciary: Refusing an appeal by an appellant who had been indicted to stand trial on charges of raping and sexually assaulting the same complainer on a date in July 2016 and who made an application under s 275 of the Criminal Procedure (Scotland) Act 1995 to admit evidence at trial of an occasion of consensual sexual intercourse between him and the complainer in October 2015, the court held that the preliminary hearing judge had not erred in refusing the application, as the evidence of a consensual encounter in October 2015 was irrelevant to determining what might have happened in July 2016 and the proposal to lead that evidence was an inappropriate intrusion into the complainer's dignity and privacy.

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