In a case in which appellant was convicted of numerous sexual crimes, the Court of Appeal held that evidence supporting appellant’s defense – that he instigated a CPS investigation into the victim’s sexual abuse during the time the victim alleged appellant was sexually abusing her – was improperly excluded. The Court noted that the CPS investigation was “potentially powerful evidence” in support of the defense that the victim fabricated the abuse because a jury could reasonably believe that a person who was sexually abusing a child would be unlikely to encourage a CPS investigation. Also, since the victim reported sexual abuse during this investigation (not by appellant), the evidence showed the victim was willing and able to report abuse, potentially lending greater significance to the victim’s failure to report appellant’s alleged sexual abuse during subsequent CPS investigations.
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