Introduction

Sexual history evidence is perhaps the most contentious and emotive type of evidence that continues to be introduced in modern rape trials. This chapter begins by outlining prominent debates about the continued reliance on sexual history evidence in rape trials in England and Wales, drawing on available research evidence and academic theorisation about the efficacy of current legislative restrictions, and potential impact of such evidence on complainants, jurors, and trial outcomes more generally. The chapter then moves onto situating these debates within wider discourse and ongoing critiques about the current criminal justice response to rape and sexual offences more broadly. It draws upon eminent criticisms of the distinctly low prosecution and conviction rates, alongside high levels of attrition, poor experiences of complainants, and influence of so-called rape myths. The chapter then rationalises the book’s focus on trial and particularly juror decision making practices, being an area distinctly under-researched in relation to sexual history evidence. Finally, the chapter concludes with a ‘map of the book,’ which gives a brief overview of the book’s structure and key arguments.