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05 August 2011 / Hle Blog
Issue: 7477 / Categories: Blogs
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Rape trials & PTSD

Halsbury's Law Exchange blogger Gary L Walters studies post-traumatic stress disorder as a result of a rape trial

"As a legal academic with an interest in sexual offences, specifically consent in rape, I have witnessed many elements of a rape case from different perspectives. An issue that becomes evident in most, if not all, cases are jurors’ attitudes to a complainant while being questioned by defence or prosecution.

I am reminded that the purpose of any case is to test the evidence put before the court and that any complainant suffering from post-traumatic stress disorder (PTSD) is not likely to have it raised as an issue of a rape or attempted rape. In R v E (2011), PTSD was admitted only to rebut the presumption of fabrication. Rape does not require injury, Professor David Ormerod analysed R v Olugboja [1982] QB 320, [1981] 3 All ER 443 and concluded rape was an offence against consent, not one requiring proof of violence.

That in mind, questions, sometimes unpleasant ones, need to be asked. The defendant

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Bell Yard Kysen—Liz Giles

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Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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