Jurisdiction: England and Wales
In this case, a man (M) raped the complainant (C). M and C have each other's contacts.
The day after the event, C calls M and wiretaps him (i.e. without M's consent or knowledge, everything he says on the call he is on with C is recorded). During the conversation, C and M discuss the events of the previous night, which includes an apology from M for engaging in non-consensual sex with C. The confession is voluntary.
C shows this to the police as evidence after she reports M.
I have four questions:
a. Is the evidence (i.e. the call in the circumstances mentioned above) admissible in court?
b. If C intimidated and/or pressured M during the call into confessing, is this covertly recorded call, in these circumstances, still admissible?
(An example of intimidation and pressuring: she relentlessly demanded to know, while shouting and berating him with very personal insults, if he had sex with her without her consent to establish her 'peace of mind', or she threatened to tell his brother or friends a humiliating secret of his if he denies that he raped her.)
c. If C constantly reassures M that she won't go to the police if he freely discusses with her the events of the previous night, which leads to a confession of the rape, is this covertly recorded call, in these circumstances, still admissible?
d. If this evidence is inadmissible in any or all of these circumstances for a rape trial, would this be the same for any other crime or even family proceedings?
I apologise if this is too much, but answers to any or all of my questions would be much appreciated. I am curious.