Sexual History Evidence And The Rape Trial

Joanne Conaghan (University of Bristol), Yvette Russell (University of Bristol)

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English

Bristol University Press
01 November 2023

Gender & the law; Criminal justice law

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.

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.

By: Joanne Conaghan (University of Bristol), Yvette Russell (University of Bristol)
Imprint: Bristol University Press
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
ISBN: 9781529207828
ISBN 10: 1529207827
Pages: 200
Publication Date: 01 November 2023
Audience: Professional and scholarly , General/trade , Undergraduate , ELT Advanced
Format: Paperback
Publisher's Status: Active

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

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.

Reviews for Sexual History Evidence And The Rape Trial

"""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"