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24 OCT 2012

SEXUAL ABUSE:Re D (Findings of Sexual Abuse: Appeal)

(Court of Appeal, Thorpe, Jackson LJJ, Hedley J, 17 October 2012) 

During care proceedings the judge made findings that the 13-year-old boy had raped his 12-year-old sister on a number of occasions. The boy appealed.

He submitted that despite finding that the girl had at times been untruthful the judge failed to make a judgment on her reliability as to the allegations and to weigh that against the denials.

Some of the criticisms had merit but had to be balanced against the judge's overall impression of the evidence created over a period of time. It could not be demonstrated that the judge was plainly wrong. The appeal was dismissed.