ora tells the police that she has been raped by Evan. She says that she had been
Question:
ora tells the police that she has been raped by Evan. She says that she had been out with her boyfriend, Fred, at a fancy dress party, where she was dressed in a revealing costume as Cleopatra, Queen of the Nile. She had quarrelled with her boyfriend, left the party and decided to hitchhike home. Evan picked her up, drove to a deserted house and forced her to have sex with him. At trial, under defence cross-examination, Dora says that she had always been faithful to Fred throughout their two-year relationship. When he was arrested, Evan told the police that ‘she was obviously a slut’ based on how she was dressed and that meant she would willingly have sex with anyone, or at least that was his understanding, and in any case she was obviously consenting when they had sex. At trial, Evans’s legal representative seeks to call Gerard to testify that he had consensual sex with Dora at his house after he picked her up six months ago when she was hitchhiking. He also seeks to question her about what she was wearing on the night in question and what impression she thought it would give. He is also considering adducing evidence of Dora’s previous conviction for sexual assault, whereby she touched a stranger’s genital area without their consent when drunk at a party and was found guilty by the jury, having entered a plea of not guilty. Evan, on the other hand, has a previous conviction for sexual activity with a 15-year-old girl.
Discussthe evidential issues arising. (1500 words with no reference)
Federal Taxation 2016 Comprehensive
ISBN: 9780134104379
29th edition
Authors: Thomas R. Pope, Timothy J. Rupert, Kenneth E. Anderson