M
Member
Speaking in the House of Lords on 8 September 2026
Debate
Armed Forces BillContribution
This is particularly important in sexual offences cases because the protections given to victims in court proceedings differ between the UK and the USA. For example, under Section 41 of the Youth Justice and Criminal Evidence Act 1999, only the accused or someone acting on the accused’s behalf may apply to introduce the sexual history of the victim. Under the US Military Rule of Evidence 412, the prosecution, as well as the defence, may make such an application. In the US system, a ground for admitting such evidence is that it would violate the constitutional rights of the accused to rule it out, whereas our UK system is more restrictive.
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