UoL Past Paper Questions 5 Zone A 2015.
 
2015 Question 5 
Christine informs the police that she was raped at the 2014 Christmas office party by Bernard. The sexual intercourse took place in the bathroom of the restaurant in which the party was held. Bernard is arrested and interviewed under caution. He admits to having had sexual intercourse with Christine but claims it was with her consent. PC Daredevil installs an un-authorised bugging device in Bernard’s house. A recording is obtained of Bernard talking to his dog. In the monologue, he is recorded as saying “The woman is an idiot and deserved what she got. I know she wanted it. She is not one to say no.” 
Bernard is now due to stand trial. He will seek to give evidence and have Christine cross-examined about the following: 
(i) that he (Bernard) had had consensual sexual intercourse with Christine in the toilet room of the restaurant at the Christmas party two years ago; 
(ii) that Christine had asked him to have sexual intercourse with her at the Christmas party a year ago and Bernard had refused because he had a girlfriend at the time. On being rejected by Bernard, Christine proceeded to have sexual intercourse with another man, Donald, again in the restaurant bathroom; 
(iii) that Christine was wearing a tight vest top and mini-skirt on the evening of the alleged rape in 2014; 
(iv) that Christine had intimately kissed Faisal, one of their colleagues, on arrival at the restaurant on the evening of the alleged rape in 2014; 
(v) that Christine is a sex addict. 
Discuss the evidential issues arising, adding critical comment where you think the law is unsatisfactory.