Evidence law

| August 19, 2015

Assignment title/Essay Question
Daisy and Poppy were walking home from work one winter evening when a man grabbed Daisy from behind, pushed her to the floor and put his hand up her skirt. In an instant the assault was over and the man ran off. Poppy raced after the man and as he turned to look to see how close she was to him, she caught a glimpse of his face. Yet, she could not catch him. Daisy rushed home and showered, she did not want Poppy to tell the police of the incident but just hoped to forget the matter. She wrote an entry in her diary that night detailing the incident and expressing her disgust at how he had touched her. The next week Daisy was walking home alone and the same man, she was sure, grabbed her again. Again he put his hand up her skirt, but this time he then dragged her into the nearby woods and raped her. It was too dark to see anything but she was sure it was him.
Daisy arrived at work later than usual the next morning and Poppy was concerned. At their tea break Poppy asked if everything was ok, and Daisy broke down in tears and recounted what had happened and how she believed it was the same man. Poppy insisted that she would now go to the police. Poppy gave the police as full a description of the perpetrator as she could and after several hours of looking through the police photographs she picked out Mark. Poppy also went on to pick Mark out of the video parade. Mark is a frequent customer in the store in which they both work. Daisy never gave her statement to the police, she delayed and delayed and then committed suicide.
Mark is charged with rape and sexual assault and pleads not guilty to both. Mark’s girlfriend at first gives him an alibi for the night of the rape, but at the trial when called by the defence she retracts her alibi saying that he pressured her into lying for him, just like he pressured her into performing perverse sexual acts that she did not wish to do. He denies all of this and calls her a liar, and suggests that she is saying these things only to seek attention from the newspapers.
Critically discuss the evidential issues arising from the above facts.

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