ISSUE 4 (OCTOBER - DECEMBER) 2016
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HUMANITIES SCIENCE POLITICS
Science, People & Politics ISSN 1751-598x, 25th November, 2016. 18.00 GMT
FROM BRITISH COURTS | 36
A summons had to be issued to enforce the victim's attendance at
Court, but the prosecution made no application for her to be cross
examined as a hostile witness.
Additionally the victim filed a complaint with the Independent Police
Complaints' Commission (IPCC) alleging police co-ercion. That
approach to the IPCC, and the complainant's attempts to retract alle-
gations of rape were before the Court in the presence of the jury.
Mr David Bradshaw, of Zenith Chambers, on behalf of the Crown Pros-
ecution Service told the jury, "The starting point of this case is what
you saw on the DVD, and she told you what happened -- on that alone
(you) can be sure it was rape..."
Counsel for the defence, Miss Sarah Barlow, from Exchange Chambers,
argued that one can consent to something reluctantly, and the reluc-
tance does not necessarily mean there was no consent. She closed her
final speech to the jury saying, "The evidence is contradictory."
In his summing up, and in his discussion of points of law Judge Thom-
as explored such concepts as an innocent or a guilty lie, clarified in dis-
passionate detail what is meant by rape, and the nature of consent.
He said, "No man today can demand he must have sexual satisfaction
in his relationship." At another point the judge said, "I am the lawyer.
Your side - what you are doing - you're doing the hard bit. Given the
whole of the evidence, what do you make of it? What we want is your
common sense approach."
The jury was out for half an hour on the 2nd June, resuming delibera-
tions this morning. Their verdict was returned at 11.20am today.
Judge Thomas said of the policeman reported by the victim to the IPCC
that the officer was, "... quite obviously diligent and caring. I don't
believe for a moment he had a hand up her back." HG
For legal reasons the victim in may not be named by Gavaghan Com
-munications or Science, People & Politics because no-one connected
with publisher or magazine has sought the victim's consent to do so,
nor plans to do so.
Issue 4 (October - December), 2016. Volume VII. Science, People & Politics ISSN 1751-598x.
Published Friday 25th November, 2016
A print version would additionally have two blank pages, so this version is not routinely for sale as print, unless really wanted.
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