Maqsood v HM Advocate

Criminal evidence and procedure – Rape – Judge's charge – Distress – Corroboration of lack of reasonable belief of consent. High Court of Justiciary: Refusing an appeal against a conviction for rape in a case in which the appellant maintained that intercourse was consensual and the complainer that it took place whilst she was so intoxicated that she was incapable of consent, the court rejected a contention that the trial judge misdirected the jury on distress: her directions were erroneous in a number of respects, notably on both absence of reasonable belief and the need to provide corroborated evidence of that absence but those directions were entirely in the appellant's favour and the jury's verdict, based on the complainer's intoxication, would have been almost inevitable standing the state of the proof.

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