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Sexual History Evidence and the Rape Trial A Multidisciplinary Critique

The use of a rape victim’s sexual history as evidence attracted intense public attention after the acquittal of footballer Ched Evans in 2017. Set within the context of a criminal justice system widely perceived to be failing rape victims, the use of sexual history evidence remains a flashpoint of c...

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Bibliographic Details
Main Author: Conaghan, Joanne
Other Authors: Russell, Yvette
Format: eBook
Language:English
Published: Bristol Bristol University Press 2023, ©2023
Subjects:
Rape > Law And Legislation > England > Trial Practice
Rape > Law And Legislation > Wales > Trial Practice
Rape Victims > Legal Status, Laws, Etc > England
Rape Victims > Legal Status, Laws, Etc > Wales
Rape Victims > Sexual Behavior
Examination Of Witnesses > England
Examination Of Witnesses > Wales
Online Access:
Collection: DeGruyter MPG Collection - Collection details see MPG.ReNa
Table of Contents:
  • Sexual History Evidence and the Rape Trial
  • Copyright information
  • Table of Contents
  • List of Cases
  • List of Statutes
  • About the Authors
  • Acknowledgements
  • 1 Introduction: Setting the Scene
  • Setting the scene: from Ched Evans to #MeToo
  • What is this book about?
  • Evans and its aftermath
  • How this book proceeds
  • 2 A History of Rape Law in Action
  • Why history?
  • The historical development of rape law
  • Rape law in (historical) action
  • Modern rape law
  • Conclusion
  • 3 Emergence of a Legal Regime Governing the Use of Sexual History Evidence
  • Introduction: Hale's legacy
  • Late complaints
  • Corroboration warnings
  • Complainant character
  • The rape trial at the end of the 18th century
  • The judicial development of evidentiary rules on sexual history evidence in 19th-century rape trials
  • Evaluating the use of complainant sexual history evidence in 19th-century law and practice
  • Crystallising the common law in the 20th century
  • Conclusion
  • 4 Legal Regulation: Limits and Potentialities
  • Introduction: what constitutes sexual history evidence?
  • Scanning the juridic and policy landscape
  • England, Wales and Northern Ireland
  • Republic of Ireland
  • Scotland
  • New Zealand
  • Canada
  • Australia
  • United States
  • Recurring themes and patterns
  • Conclusion
  • 5 Tracking the Use of Sexual History Evidence in the Courtroom
  • Introduction
  • Early studies
  • Sexual history evidence emerges as a legislative and policy concern
  • Studies conducted after the introduction of the SO(A)A 1976
  • Studies conducted after the introduction of YJCEA 1999
  • The views of legal professionals
  • The experiences of victims and victim support organisations
  • Rape myths research and jury studies
  • Rape myth studies
  • Jury studies
  • Sexual history evidence in the contemporary courtroom

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