Information Note on the Court’s case-law 22

September 2000

J.M. v. the United Kingdom (dec.) - 41518/98

Decision 28.9.2000 [Section IV]

Article 3

Degrading treatment

Victim of rape cross-examined by accused during trial: struck out (settlement between parties)

The applicant was repeatedly raped by E., who was convicted and sentenced to life imprisonment. E., who had chosen to defend himself, cross-examined th e applicant during six days in the course of the proceedings. For that purpose, he had been granted access to medical details and personal information concerning the applicant, which he used to question her not only on the rapes but also on her private lif e. The applicant was physically sick during the cross-examination and had to be admitted to hospital following the trial.

The applicant has agreed to settle her claims on the basis of an ex gratia payment and payment for legal costs. Moreover, legislation has been introduced in order to limit the circumstances in which a defendant may personally cross-examine a victim of rape. No agreement having been reached as regards the amount of reasonable legal costs to be paid, the Court awarded £8,000 (GBP) in respe ct of legal fees and expenses.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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