ABSTRACT
S.41-43 Youth Justice and Criminal Evidence Act (1999) are the most recent statutory attempts to restrict the inclusion of sexual history evidence in sexual offences trials in England and Wales. Though notably more stringent and rigorous than previous legislative provisions, the implementation of the s.41 gateways approach has continued to engender substantial critique amongst academic and legal professionals alike and has prompted various calls for reform. The current chapter thereby introduces prominent academic, legal, and social debates about the suitability and efficacy of s.41 provisions, outlining areas of good practice alongside enduring critique. It also explores existing recommendations for reforming or amending s.41, considering potential and limitations of such recommendations.
