Wilkinson 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 complainer maintained that forcible intercourse had taken place and the appellant said that it was consensual, the issue being whether the trial judge should have directed the jury that they had to be satisfied that, in order to find corroboration of a lack of reasonable belief of consent, the complainer had been exhibiting distress at the time of the incident, the court held that it was sufficient that the trial judge, whilst properly defining rape, directed the jury that the complainer's account of being forcibly raped was adequately corroborated by either distress observed by another person after the incident, or by an admission of the type in text messages the appellant subsequently sent to the complainer.

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