Sexual History Evidence and Impact on Belief in Consent

摘要

The appellant (G) and some other men had been drinking and taking cocaine at the home of the complainant (CH). During the course of the night, G asked CH whether she would have sexual intercourse with him. She refused and then became angry when asked by G how much money she would charge for sex. CH and her boyfriend (K) later went upstairs and had sexual intercourse, after which CH fell asleep and K returned downstairs to rejoin the others. CH claimed that she awoke to find G having sexual intercourse with her at which point she struggled. G ignored her protests. CH claimed that K and another man (L) were standing by the bed in their boxer shorts watching and made no attempt to intervene. CH then ran downstairs screaming. This alerted her neighbour and best friend who could hear CH shouting, 'Get off me, get out of my house'. The men quickly got dressed and left. As they were leaving CH asked K why he did not intervene to help her to which he replied, 'You probably enjoyed it'.