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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.
“Provides a vital and erudite exploration of the criminal justice system’s use of sexual history evidence and locates this within the challenges of achieving justice for rape victims/survivors.” Anna Carline, University of Liverpool
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.
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