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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Other Authors: | |
Format: | eBook |
Language: | English |
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Bristol
Bristol University Press
2023, ©2023
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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