Beyond R v A: Sexual History Evidence and the Reform of S.41

Abstract

This thesis deals with the legal regulation of sexual history evidence in rape trials over the last four decades, primarily focusing on the legislative restrictions imposed throughout that time. It works chronologically from the formation of the Heilbron Committee and the subsequent change in law in 1976 under Section 2 of the Sexual Offences Amendment Act. It goes on to judge both this piece of legislation as well as its successor; Section 41 of the Youth Justice and Criminal Evidence Act 1999 in terms of how successful they are in achieving their aims; namely to increase the conviction rate and encourage more women to report rape. The thesis aims to suggest a new way forward with regard to sexual history evidence and its use in the courts which has thus far encountered many problems and come up against many critics. It looks at scholars’ recent proposals for legislative and procedural change and discusses each on its own merits before using them as a springboard to suggest the best idea for reform.