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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 Trails
will be of great interest to students and scholars of Criminal Law
and Criminology, as well as policy makers and legal practitioners.
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