ABSTRACT

Lord Griffiths: My Lords, this appeal turns on the answer to the following question. On a trial of indecent assault arising out of a spanking delivered by a man to the buttocks of a young girl, is the evidence that he told the police that he did it because of a ‘buttock fetish’ admissible evidence which the jury may consider when deciding whether the assault was indecent? I am bound to say my instinctive answer was, yes of course it is. I have now had the advantage of reading the speeches of my noble and learned friends, Lord Ackner and Lord Goff. My answer remains the same. I agree that for the reasons given by my noble and learned friend, Lord Ackner, the evidence is admissible and that his appeal should be dismissed ...