Topic

Sexual history of complainant in rape trials

Note Authors

L Kelly, J Temkin, and S Griffiths

Viewpoint

Defence lawyers use a number of methods to circumvent s41(4) YJCEA 1999. Report recommends (at p76) ‘A new exception to the rule of exclusion should be inserted into section 41, allowing for evidence of previous or subsequent sexual behaviour with the accused. This exception could have a time limitation.’

Source

Section 41: An Evaluation of New Legislation Limiting Sexual History Evidence in Rape Trials, Home Office Online Report 20/06, London, available at http://217.35.77.12/research/england/justice/rdsolr2006.pdf

Topic

Identification and miscarriages of justice

Author

A Roberts

Viewpoint

Draws on recent psychological research to highlight the continuing dangers of mistakes in identification.

Source

‘The Problem of Mistaken Identification: Some Observations on Process’ (2004) 8/2 E&P 100