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Court of Appeal dismisses appeal against rape and indecent assault convictions, finding that where the defence chooses not to explore the issue of delay in making a complaint at trial, it can scarcely be heard afterwards to complain that the trial judge did not give an instruction to the jury to say that there was an absence of explanation for delay in making a complaint, when no explanation had been sought.
Criminal law – appeal against conviction for rape and indecent assault – trial took place a considerable number of years after the events that were complained of - offences related to a period of months between 1985 and 1986 - she did not complain about abuse until 2009 - trial judge gave a detailed warning about the impact of delay - prosecution did not lead evidence on that matter and the defence did not explore it either - young complainant had been very reluctant to approach her mother – potential explanation for the failure to complain – defence cannot adopt entirely inconsistent positions – trial was satisfactory and verdict safe – conviction appeal dismissed.
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