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Sexual History Evidence and the Rape Trial : A Multidisciplinary Critique.
- Format:
- Book
- Author/Creator:
- Conaghan, Joanne.
- Language:
- English
- Subjects (All):
- Examination of witnesses--Wales.
- Examination of witnesses.
- Examination of witnesses--England.
- Rape victims--Sexual behavior.
- Rape victims.
- Rape victims--Legal status, laws, etc--Wales.
- Rape victims--Legal status, laws, etc--England.
- Rape--Law and legislation--Wales--Trial practice.
- Rape.
- Rape--Law and legislation--England--Trial practice.
- Genre:
- Electronic books.
- Physical Description:
- 1 online resource (237 pages)
- Edition:
- 1st ed.
- Place of Publication:
- Bristol : Bristol University Press, 2023.
- System Details:
- Mode of access: World Wide Web.
- Summary:
- Adopting a critical multidisciplinary perspective underpinned by feminist theory, this accessible book mounts an important interrogation into the use of a victim's sexual history as evidence in rape trials.
- Contents:
- Front Cover
- 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
- 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
- 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.
- Sexual violence research
- Law-centred research
- 6 The Relevance of Sexual History Evidence
- Introduction: the 'logic' of relevance
- The logic of the twin myths
- Law, power and epistemology
- The relevance framework
- Types of evidence
- The role of probability
- The relevance of a complainant's sexual history to her credibility
- The relevance of a complainant's sexual history to consent
- Playing the odds
- Situational specificity
- The fact of the allegation
- Interrogating the gateways
- 7 Sexual History Evidence and Subjectivity
- Legal subjecthood
- Rationality, reason and rape law
- Sexual history evidence: subject or object?
- The sexuate subject of rape law
- The feminine sexuate subject
- The masculine sexuate subject
- 8 Conclusion: What Is to Be Done about Sexual History Evidence?
- Rape, law and justice revisited
- Feminist research and the problem of rape and law
- Normatively embedded 'laws as tactics'
- What is to be done about sexual history evidence?
- Expunge sexual history evidence from the rape trial altogether
- Continued reform of the legislative frameworks governing sexual history evidence
- Procedural options
- Final reflection
- References
- Index.
- Notes:
- Includes bibliographical references and index.
- Description based on publisher supplied metadata and other sources.
- ISBN:
- 1-5292-0783-5
- 1-5292-0784-3
- OCLC:
- 1402816729
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