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- Title
False allegations: the limitations of the ‘evidential basis test’: R v All-Hilly (Salaam David) [2014] EWCA Crim 1614.
- Authors
Brewis, Brian; Stockdale, Michael
- Abstract
The article discusses the British court case R v. All-Hilly (Salaam David) [2014] wherein the court tried to determine whether or not an allegation of sexual assault could hold under consensual sex acts committed by both complainant (C) and appellant (S). It cites the defendant's argument that C's credibility is questionable since she did not pursue sexual assault allegations against previous sexual partners. In its ruling, the court invoked s. 41 of the Youth Justice and Criminal Evidence Act.
- Subjects
UNITED Kingdom; FALSE testimony lawsuits; CRIMINAL evidence; RAPE lawsuits; DAVID, Salaam; SEXUAL consent; WITNESS credibility; CROSS-examination; ACTIONS &; defenses (Law)
- Publication
Journal of Criminal Law, 2014, Vol 78, Issue 6, p453
- ISSN
0022-0183
- Publication type
Article
- DOI
10.1177/0022018314557415