R v Wright and Ormerod

Facts

Two men were charged with indecent assault on a girl of five. In the box she said they had hurt her back and said naughty things. Her mother was allowed to repeat a complaint that went further: that they had lifted her dress, pulled down her knickers and touched her. The jury also saw a pornographic booklet.

Issue

Can a recent complaint prove more than the child herself has said?

Held

No. The Court of Appeal, Harry Ognall QC, held that a complaint is admitted only to show consistency with the evidence the complainant has given. Allegations that were never part of the child's evidence should not have gone to the jury. The booklet should not have been admitted either.

Principle

A recent complaint is not evidence of the facts complained of. It supports the witness only so far as she has herself spoken to those facts.

Why it matters

It is sometimes cited as an age case. The report is a complaint case. The age warning is Wallwork.

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