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

McGlynn, Clare

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Authors



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 29, 2024
Journal Criminal law review.
Print ISSN 0011-135X
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
Publisher URL http://www.sweetandmaxwell.co.uk/catalogue/productdetails.aspx?recordid=478

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Copyright Statement
This is a pre-copyedited, author-produced version of an article accepted for publication in Criminal Law Review following peer review. The definitive published version McGlynn, Clare (2018). Challenging the law on sexual history evidence: a response to Dent and Paul. Criminal Law Review 2018(3): 216-228 is available online on Westlaw UK or from Thomson Reuters DocDel service.




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