ABSTRACT
The use of sexual history evidence in rape trials causes distress to complainants, can affect the outcome of the case and contributes to the low conviction rate for this offence. It also acts as a deterrent to reporting incidents of what is, in any case, already an under-reported crime.1 Despite legislation introduced in the Sexual Offences (Amendment) Act 1976 designed to restrict the use of such evidence, the law has been used in ways which favour defendants rather than complainants.2 Problems with the application of the law since 1976 are considered, as well as the new provisions on the use of sexual history evidence in the Youth Justice and Criminal Evidence Act 1999. Consideration is given to whether a woman’s sexual past is ever relevant to consent or to her truthfulness. The experience of Canada is also examined.
