There has been considerable publicity in relation to the recent acquittal of footballer Ched Evans who had previously been convicted of rape following a Crown Court trial in 2012.
He served 20 months of a five year jail sentence.
His conviction was quashed by the Court of Appeal earlier this year and, following a re-trial he was acquitted last month, October 2016.
The Public Debate | Kangs Solicitors Defending Rape Allegations
A number of MPs are a demanding a change in the law after warning that the acquittal may set a dangerous precedent and deter women from coming forward and reporting sexual offences.
Disatisfaction has been aired by some commentators that details of the sexual history of the woman who accused the footballer of raping her were aired in court in order to support his defence that he did not commit rape and that they undertook consensual sexual intercourse.
The sexual history was provided by two men giving evidence that both of them had encounters with the same woman, around the time of the rape allegation, with striking similarities to the account given by Mr. Evans.
The Law | Kangs Solicitors Defending Sexual Offence Cases
Section 41 of the Youth Justice and Criminal Justice Act 1999 restricts evidence being adduced or questions being asked in cross examination about any sexual behavior of the complainant, except with leave of the Court.
Such leave of the court is sought by way of application by the defence and, if successful, the Court can grant permission for evidence or questioning.
The threshold for making the application is high and as a result many such applications will undoubtedly fail.
However, the provision is there, and has been available since the Act was passed.
The case of Ched Evans establishes no new principles and, simply because his application was successful, it does not mean that any future applications will meet with anything other than the same stringent requirements of the Court.
Our Experience in Defending Sexual Offence Cases
Kangs Solicitors are extremely experienced in representing those charged with sexual offences.
Some examples of our recent work can be found below:
Who Can I Contact For Help? | Kangs Solicitors
Our team of solicitors has a proven track record of assisting many individuals achieve the result they were seeking following an investigation into sexual offences.
We are here to help and will be happy to talk to you and discuss how we can be of assistance.
If you are being investigated for sexual abuse allegations, our expert team of Solicitors can be contacted through the following: