Peter (aged 55) is charged with the rape of Rachel after an incident that took place on Saturday, 26 November 2020. Rachel (aged 34) works in a hotel bar in the city centre of Manchester. Rachel claims that Peter, who was a guest in the hotel between 21 and 28 November, came into the bar at about 9:30 p.m. noticeably drunk. As she served him, Peter allegedly grabbed her waist and invited her to come up to his room. Rachel pulled away and, as she was leaving the bar to get a co-worker, it is alleged that Peter dragged her behind the bar and forced her to have sexual intercourse. There were no other guests in the bar at the time. Peter claims the sexual encounter was consensual.

Consider the following evidential issues, including if the witnesses are competent and compellable: (

a) Rachel would like to give evidence at trial, but she knows she will be intimidated by the proceedings. She hates speaking in groups and occasionally stutters when she is nervous.

(b) Tamara, a 25-year-old chef at the hotel, told police that she was in the kitchen when she heard a commotion in the bar and, through a slight opening in the door between the two rooms, saw Peter and Rachel struggling. Tamara, who suffered a brain injury when she was 10 years old, has difficulties with short-term memory and is easily confused and has trouble identifying people. Tamara's son Ben was also with her at the time having been dropped off at the hotel by the babysitter, he also saw the commotion, Ben is 6 years old.

(c) Defence counsel want to cross-examine Rachel on evidence that in November 2019 Peter and Rachel had engaged in sexual intercourse on several occasions when Peter was a guest at the hotel. Defence counsel alleges that on the night of the 26th, Rachel consented to sexual intercourse, and that she had asked Peter to pick up where they had left off in 2019.