Sexual History Evidence in Rape Trials

Is the Jury Out?

Charlotte Herriott

• Publisher: Routledge
• Year: 2023
• ISBN:
  9781000874389
• Edition: 1
• Topic: Law
• Subtopic: Law Theory & Practice
• Index: Law

This book provides an in-depth examination of current, high-profile debates about the use of sexual history evidence in rape trials and its impact on jurors. In doing so, it presents findings of the first mock jury dataset in England and Wales to explore how jurors interpret, discuss, and rely upon such evidence within their deliberations.

Drawing on both qualitative and quantitative insights from the 18 mock jury panels, the book highlights the complex, nuanced and intersectional impact of sexual history evidence within the deliberative ideal. Indeed, findings exemplified routine and ongoing prejudicial framings of sexual history amongst jurors, and frequent endorsement of rape myths that served to mistakenly infer relevance and undermine the perceived credibility of the complainant. The findings discussed within this book are therefore key to addressing the current knowledge gap around the impact of sexual history evidence and are embedded within broader discussions about evidential legitimacy in rape trials. The book draws on good practice observed in other jurisdictions to makes numerous recommendations for change.

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

The Open Access version of this book, available at www.taylor francis.com, has been made available under a Creative Commons Attribution- Non Commercial- No Derivatives 4.0 license.

Table of contents

• Cover
• Half Title
• Series Page
• Title Page
• Copyright Page
• Table of Contents
• List of Figures
• List of Tables
• Acknowledgements
• 1 Introduction: Situating the Debate
• 2 Mock Jury Simulations: Insights through the Looking Glass
• 3 Sexual History Evidence: “The Canary in the Criminal Justice Mine?”
• 4 Taking Stock: S.41 in Operation
• 5 ‘No doesn’t always mean no’: Socio-Sexual Stereotypes and Heteronormativity
• 6 ‘Was she that type of girl?’: Sexual History Evidence and Constructions of Complainant Credibility
• 7 Sexual History Evidence: A Complicating Factor?
• 8 Lessons to Be Learnt from Other Jurisdictions?
• 9 Back to the Drawing Board?
• Index