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


ISBN13: 9781032384771
Published: March 2023
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £125.00
Paperback edition , ISBN13 9781032384801



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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.

Subjects:
Evidence, Criminology
Contents:
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?

Series: Routledge Frontiers of Criminal Justice

Incarcerating Children: Understanding Youth Imprisonment ISBN 9780415697163
To be published January 2026
Routledge
£105.00
Sexual History Evidence in Rape Trials: Is the Jury Out? ISBN 9781032384801
Published October 2024
Routledge
£39.99
Policing Rape: The Way Forward ISBN 9781032800226
Published July 2024
Routledge
£36.99
Policing Rape: The Way Forward (eBook) ISBN 9780429816376
Published July 2024
Routledge
£36.99
(ePub)
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The Evolving Protection of Prisoners’ Rights in Europe (eBook) ISBN 9781000824179
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Routledge
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The Evolving Protection of Prisoners’ Rights in Europe ISBN 9781032047980
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Policing and Mental Health: Theory, Policy and Practice ISBN 9781138600492
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Policing and Mental Health: Theory, Policy and Practice (eBook) ISBN 9780429895067
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Youth Justice in Context: Community, Compliance and Young People ISBN 9780415667920
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