The Rape Shield Clarified: Better Late Than Never
Notwithstanding that the rape shield provisions of s.41 YJCEA 1999 have been in existence for almost sixteen years, their complexity remains the subject of debate by the Court of Appeal. Joel Bennathan QC outlines the Court's latest interpretation as set out in R v VA, in which he successfuly appeared for the appellant. The case represents a helpful clarification of the law, without undermining the crucial protection afforded to complainants.
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R v Ched Evans: A New Season for Interpreting s.41?
Investigations and cases involving sexual offences are a daily feature of our newspapers, and nothing gets editors more excited than trials involving high-profile individuals. The furore which surrounded the appeal and subsequent re-trial of footballer Ched Evans gave rise to suggestions that his significant resources allowed him to buy his way to an acquittal at the expense of the complainant's credibility. Ben Newton argues the case does little more than confirm what s.41 has said for many years.
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IPPs and Sex Offenders: What Now?
The abolition of new IPP sentences four years ago (December 2012) was a welcome development. However, many who were sentenced under this regime remain in prison, despite their original tariff having expired some time ago. Owing to recent legal aid restrictions, many are unable to bring a well-argued case to a Parole Board. A challenge to those restrictions will be heard in January 2017 - if successful many IPP prisoners may have the means to seek their release. Abigail Bright sets out more.
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Youths and sex offences: An argument against offence-specific sentencing guidelines
The sentencing of young offenders is notoriously complex and fast-changing. A good reason, some argue, for having definitive sentencing guidelines for specific serious offences; in particular sexual offences, conviction for which can adversely impact a young offender for life. But no such guidelines exist. Time for reform? No, says Abigail Bright, arguing that the very absence of restrictive guidelines allows sentecing courts to consider young offenders and their particular circumstances individually.
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The Crown Prosecution Service's Guidance on Sexting
Father of the telephone Alexander Graham Bell could never have envisaged his invention would evolve to the extent that many people now use it as an important part of their love lives. And as is often the case, the development of social trends far outpaces legal reform. This can pose a problem for young people and their partners who use their smartphones to send each other explicit images, notwithstanding this can be illegal. As Jake Taylor outlines, new guidance from the CPS may now mean they do not risk falling foul of the law.
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