Challenging the law on sexual history evidence: a response to Dent and Paul

McGlynn, Clare

Abstract

Responds to an article by N. Dent and S. Paul, "In defence of section 41", Crim. L.R. 2017, 8, 613-627, defending current policy on use of sexual history evidence in trials under the Youth Justice and Criminal Evidence Act 1999 s.41, with reference to R. v Evans (Chedwyn) (CA). Challenges their rejection of criticisms of the current regime, including that it may cause victim blaming and that Evans opens the floodgates to admitting such evidence.

Citation

McGlynn, C. (2018). Challenging the law on sexual history evidence: a response to Dent and Paul. Criminal law review, 2018(3), 216-228

• Journal Article Type: Article
• Acceptance Date: Nov 22, 2017
• Publication Date: Mar 1, 2018
• Deposit Date: Feb 15, 2018
• Publicly Available Date: Mar 1, 2019
• Journal: Criminal law review.
• Print ISSN: 0011-135X
• Electronic ISSN: 2754-1665
• Publisher: Sweet and Maxwell
• Peer Reviewed: Peer Reviewed
• Volume: 2018
• Issue: 3
• Pages: 216-228
• Keywords: Admissibility; Consent; Credibility; Sexual behaviour; Similarity; Third parties; Victims
• Public URL: https://durham-repository.worktribe.com/output/1366863
• Publisher URL: http://www.sweetandmaxwell.co.uk/catalogue/productdetails.aspx?recordid=478