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Sexual History Evidence in Rape Trials: Is the Jury Out?

Sexual History Evidence in Rape Trials: Is the Jury Out?

Author: Charlotte Herriott
Publisher: Routledge
ISBN: 9781032384801

Published In: October 2024
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781032384771

List Price: HKD 545.87

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Description
Contents

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This book provides an in-depth examination of current, high-profile debates about the use of sexual history evidence in rape trials and presents original findings regarding the impact of this evidence on jurors.

The book presents findings of the first research in England and Wales that has examined how jurors interpret, discuss, and rely upon sexual history evidence in deliberations. It draws upon qualitative and quantitative findings of 18 mock jury simulation panels, to highlight the complex, nuanced and intersectional impact of this evidence. Findings highlight ongoing prejudicial impact of sexual history evidence, with jurors routinely drawing upon rape myths and stereotypes about sexual violence, to posit relevance of this evidence and undermine the perceived credibility of the complainant. These findings are embedded within broader discussions about evidential legitimacy in rape trials and use good practice observed in other jurisdictions, to make numerous recommendations for change.

Aiming to inform academic, policy and legislative discussions in this area, Sexual History Evidence in Rape Trialswill be of great interest to students and scholars of Criminal Law and Criminology, as well as policy makers and legal practitioners.

Chapter One - Introduction: Situating the Debate

Chapter Two – Mock Jury Simulations: Insights Through the Looking Glass

Chapter Three - Sexual History Evidence: The Canary in the Criminal Justice Mine?

Chapter Four - Taking Stock: S.41 in Operation

Chapter Five - ‘No doesn’t always mean no’: Socio-Sexual Stereotypes and Heteronormativity

Chapter Six - ‘Was she that type of girl?’: Sexual History Evidence and Constructions of Complainant Credibility

Chapter Seven - Sexual History Evidence – A Complicating Factor?

Chapter Eight - Lessons to be Learnt from Other Jurisdictions?

Chapter Nine - Back to the Drawing Board?