Sexual History Evidence And The Rape Trial

The use of a rape victims sexual history as evidence has been a controversial topic in criminal justice systems, particularly after the acquittal of footballer Ched Evans in 2017. This book explores the role and significance of sexual history evidence in criminal justice responses to rape from a critical multidisciplinary perspective, underpinned by feminist theory.

Format: Paperback / softback
Length: 200 pages
Publication date: 27 October 2023
Publisher: Bristol University Press

After the controversial acquittal of footballer Ched Evans in 2017, the use of a rape victim's sexual history as evidence garnered widespread public attention and sparked intense debate surrounding rape law reform. Situated within the broader context of a criminal justice system often criticized for its inadequate treatment of rape victims, the use of sexual history evidence remains a contentious issue in the ongoing efforts to enhance the legal framework for addressing sexual assault. In this accessible and thought-provoking book, the authors delve into the critical examination of the use of a victim's sexual history as evidence in rape trials. Drawing upon a multidisciplinary approach informed by feminist theory, they explore the multifaceted role and profound significance of sexual history evidence in the criminal justice responses to rape.

The authors begin by delving into the historical background and evolution of the use of sexual history evidence in rape trials. They trace the historical roots of this practice, examining how it has been employed throughout different legal systems and cultural contexts. They highlight the ways in which the use of sexual history evidence has been shaped by societal norms, gender biases, and power dynamics, perpetuating harmful stereotypes and undermining the credibility of rape victims.

Building upon this foundation, the authors examine the various arguments and perspectives surrounding the use of sexual history evidence. They explore the potential benefits and drawbacks of introducing this type of evidence, including its potential to provide valuable context for the trial, its potential to unfairly prejudice the accused, and its potential to undermine the victim's autonomy and agency. The authors also consider the ethical implications of using sexual history evidence, such as the risk of re-traumatization, the potential for false accusations, and the violation of privacy rights.

Throughout the book, the authors employ a critical multidisciplinary approach to analyze the use of sexual history evidence. They draw upon a range of scholarly sources, including legal studies, psychology, sociology, and feminist theory, to provide a comprehensive understanding of the issue. They also incorporate personal narratives and experiences of rape victims and survivors to shed light on the impact of sexual history evidence on their lives and the broader societal context.

In conclusion, this book offers a valuable contribution to the ongoing debate surrounding rape law reform. By critically examining the use of sexual history evidence, the authors challenge the dominant narratives and power structures that perpetuate harmful stereotypes and undermine the rights of rape victims. They provide a comprehensive analysis of the issue, offering insights into the potential benefits and drawbacks of this type of evidence and advocating for more nuanced and victim-centered approaches to rape trials. This book is a must-read for anyone interested in understanding the complexities of rape law and the urgent need for reform.

Dimension: 234 x 156 (mm)
ISBN-13: 9781529207828