Section 74 of the Evidence Act governs “[r]estrictions on evidence at trials for rape.” This section provides that when a man is being prosecuted for rape or attempted rape, the “sexual experience of a complainant with a person other than that defendant” is inadmissible. The exception to this rule is if a judge is satisfied that it would be unfair to the defendant to refuse to allow the evidence.
The appellant was convicted of raping a 16-year-old female colleague and was sentenced to eight years in prison. The Court of Appeal granted a retrial because the trial court had “erred in failing to give a proper/adequate direction to the jury.” Under Section 92(3)(a) of Belize’s Evidence Act, a trial court has discretion to “warn the jury of the special need for caution” where the only evidence against a person charged with rape is the word of the victim. Where a judge exercises such discretion, he or she must provide the reasons for cautioning the jury. The trial
