Husband falsely accused

[disbelive]

The section 41 that is spoken about in this thread concerning previous allegations. Does anyone know if this could be applied in the family courts aswell?

[disbelive]

oops seems i misread what section 41 is so maybe ignore my last question

[Rights Fighter]

http://www.rapecrisis.org.uk/Courtprocedures2.php

What new measures are there to protect women in court?
Section 41 of the Youth Justice and Criminal Evidence Act is supposed to protect the complainant from questions about their sexual history, sexual behaviour.



http://rds.homeoffice.gov.uk/rds/pdfs06/rdsolr2006.pdf

Page 4:

The new legal regime
Sections 41-43 of the Youth Justice and Criminal Evidence Act 1999 (for shorthand, section 41) are the most recent attempt to address the failures of section 2 of the Sexual Offences (Amendment) Act 1976.

No sexual history evidence should now be admitted, or questions by the defence allowed, unless a judge has ruled that they lie within one or more of four exceptions. Crown Court Rules outline a new procedure, designed to make the process of applying to have such evidence admitted more transparent and to offer some form of certainty to complainants. Under the Rules, applications are to be made in writing pre-trial, specifying under which of the subsections covering the various exceptions the application is made and the questions the defence wishes to ask. The intention was to provide both judge and prosecution with the opportunity to assess, and where relevant challenge, the application. A fallback provision is made for late applications at trial.

None of the exceptions explicitly permits evidence of past sexual behaviour with the accused to be admitted where this is considered to be relevant to the issue of consent. This issue arose in the R v A case which was finally decided by the House of Lords. It considered that this omission was in conflict with Article 6 (the right to a fair trial) of the European Convention on Human Rights, and therefore it interpreted the similarity exception (section 41(3) (c)) as permitting such evidence where it was so relevant to the issue of consent that to exclude it would endanger the fairness of the trial.


http://www.cps.gov.uk/legal/s_to_u/s...offences_rape/
Character of victim - previous sexual history

Sections 41-43 of the Youth Justice & Criminal Evidence Act 1999 (Archbold 8-123k-123q) came into effect on 4 December 2000. See R v Kevin John Cartwright, unreported, (2007). The sections restrict the circumstances in which evidence or questions about a complainant's sexual behaviour beyond the circumstances of the alleged offence can be introduced in rape or in certain other sexual offence trials. It is essential that prosecutors are robust in dealing with applications under section 41.


At the trial of a person charged with a sexual offence as defined by section 62 of the YJCEA 1999 (Archbold 8-55x) no evidence may be adduced or questions asked in cross-examination by or on behalf of the accused about any sexual behaviour of the complainant except with the leave of the court, (Archbold 8-123k-123q).


Such evidence will only be permitted if statutory criteria are met and the court considers that it may reach an unsafe conclusion on an issue to be decided in the case if such evidence were not to be heard. Any questions asked or evidence to be adduced must relate to a specific instance of behaviour.


RF: Section 41 relates to "Previous Sexual History" of the complainant. This might in certain circumstances include where he or she has had sex with other people and then made a false complaint against them - however - it does not relate solely on the making of previous false allegations.