Drummond v HM Advocate

Criminal evidence – Rape – Consent – Sufficiency of evidence. High Court of Justiciary: Refusing an appeal against a conviction for rape, the court rejected a contention that the trial judge had erred in failing to sustain a no case to answer submission because there was insufficient evidence, both of lack of consent and of lack of reasonable belief of consent, holding that proof of the complainer's distress was capable of corroborating her testimony of testimony of lack of consent and was available as proof that the appellant had no reasonable belief that she was consenting.

Category: