ABSTRACT
Despite repeated legislative attempts to restrict sexual history evidence at trial to only rare and relevant instances, there remains substantial discord about why, when, and how restrictions should be implemented. This chapter delineates ongoing academic and policy debates about when sexual history evidence may be introduced at trial and the associated risks of introducing this evidence. It interrogates discussions about the supposed ‘relevance’ of sexual history evidence and potential prejudicial endorsements of the so-called twin myths. Having established these justifications for restricting such evidence at trial, the remainder of the chapter focuses on the legislative regime, chronologically outlining the way in which sexual history legislation has developed in England and Wales to date. In doing so, it again draws on academic and policy discussion about these provisions, noting prominent merits and critiques of each legislative provision up to the current regime of s.41–43 Youth Justice and Criminal Evidence Act (1999).
