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Sexual History Evidence and the Rape Trial


ISBN13: 9781529207828
Published: October 2023
Publisher: Bristol University Press
Country of Publication: UK
Format: Paperback
Price: £29.99
Hardback edition , ISBN13 9781529207811



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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.

Subjects:
Evidence
Contents:
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