An acquittal on some counts does not necessarily demonstrate that the jury found the complainant to be a liar; it may simply indicate that the jury required more to be satisfied beyond reasonable doubt where a particular allegation was inherently improbable or the complainant's evidence was less detailed. Evidence of uncharged acts of sexual misconduct is admissible as context evidence where it explains the offender's confidence to offend, negates any suggestion the charged acts occurred 'out of the blue', and explains delay in reporting. [name withheld] v Dunkel direction under s 43 of the Jury Directions Act 2015 should not be given where the uncalled witness's evidence would in fact have assisted the prosecution case and the defence did not wish the witness to be called.
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