Sexual History Evidence And The Rape Trial
By Joanne Conaghan and Yvette Russell
Published
Oct 27, 2023Page count
200 pagesISBN
978-1529207828Dimensions
234 x 156 mmImprint
Bristol University PressPublished
Oct 27, 2023Page count
200 pagesISBN
978-1529207811Dimensions
234 x 156 mmImprint
Bristol University PressPublished
Oct 27, 2023Page count
200 pagesISBN
978-1529207859Imprint
Bristol University PressPublished
Oct 27, 2023Page count
200 pagesISBN
978-1529207859Imprint
Bristol University Press
Sexual History Evidence And The Rape Trial
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 contention around rape law reform.
This accessible book mounts an important interrogation into the use of a victim’s sexual history as evidence in rape trials. Adopting a critical multidisciplinary perspective underpinned by feminist theory, the authors explore the role and significance of sexual history evidence in criminal justice responses to rape.
"Can women count on law? When women complain of violent sexual crime, can they expect to be properly heard as rational legal subjects? This book shows how and why medieval male mythology about women’s sexuality, credibility and mendacity still make its way into the modern criminal court room, especially the rape trial. This book is a powerful, even devastating, critique of criminal justice as women experience it." Ngaire Naffine, The University of Adelaide
“Provides a vital and erudite exploration of the criminal justice system’s use of sexual history evidence and locates this within the challenges of achieving justice for rape victims/survivors.” Anna Carline, University of Liverpool
Joanne Conaghan is Professor of Law at the University of Bristol.
Yvette Russell is Associate Professor in Law and Feminist Theory at the University of Bristol.
Table of Cases
Table of Statutes
Notes on Authors
Acknowledgements
1. Introduction: Setting the Scene
2. A History of Rape Law in Action
3. Emergence of a Legal Regime Governing the Use of Sexual History Evidence
4. Legal Regulation: Limits and Potentialities
5. Tracking the Use of Sexual History Evidence in the Courtroom
6. The Relevance of Sexual History Evidence
7. Sexual History Evidence and Subjectivity
8. Conclusion: What Is To Be Done About Sexual History Evidence?
References
Index
