
Contents
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Introduction Introduction
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Early studies Early studies
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Sexual history evidence emerges as a legislative and policy concern Sexual history evidence emerges as a legislative and policy concern
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Studies conducted after the introduction of the SO(A)A 1976 Studies conducted after the introduction of the SO(A)A 1976
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Studies conducted after the introduction of YJCEA 1999 Studies conducted after the introduction of YJCEA 1999
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The views of legal professionals The views of legal professionals
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The experiences of victims and victim support organisations The experiences of victims and victim support organisations
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Rape myths research and jury studies Rape myths research and jury studies
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Rape myth studies Rape myth studies
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Jury studies Jury studies
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Sexual history evidence in the contemporary courtroom Sexual history evidence in the contemporary courtroom
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Sexual violence research Sexual violence research
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Law-centred research Law-centred research
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Conclusion Conclusion
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5 Tracking the Use of Sexual History Evidence in the Courtroom
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Published:October 2023
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Abstract
In Chapter 5, we assess the veracity of the claim which reverberated around the legal and political establishment after Evans that sexual history evidence is only rarely or exceptionally considered in rape trials. Again, focusing primarily on empirical studies conducted in England and Wales, but drawing also on overseas studies, the chapter summarises significant past studies of sexual history evidence (for example Adler [1987] and Lees [1996]), identifies and details the various contemporary studies, from Kelly et al (2006) to Smith (2018) and Daly (2022), highlighting the methods applied, scope, limitations and gaps in current knowledge to present as comprehensive picture as possible of the extent of the problem contemporaneously. Chapter 5 is critical in establishing the persistence of problems with sexual history evidence notwithstanding legal reforms, staunchly problematising claims that this kind of evidence features only exceptionally in rape trials.
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