Rape victims are 'too scared' to report attacks in case their sexual history is used in cross-examination. Harriet Harman, Dame Vera Baird and the Fawcett society are calling for a a reform of section 41, to stop any reference to or questioning in court about an accusers sex life.

5th_Law_of_Robotics · 2018-01-29T21:36:23+00:00

It seems the only way (female) rape victims can possibly report the crime is if they're guaranteed a conviction with no trial based only on the anonymous accusation.

doklaan · 2018-01-30T00:01:36+00:00

It’s already like this in the us. The only sexual history the defendant can reference is if he had sex with the accuser in the past.

SiTeorbzey · 2018-01-29T21:30:05+00:00

https://www.fawcettsociety.org.uk/blog/start-calling-out-misogyny-hate-crime

I guess that should say it all read the whole thing it's infuriating

Luchadorgreen · 2018-01-30T04:29:42+00:00

Too bad the accused aren't afforded the luxury of not having their sexual histories examined.

TruthSeekingSparrow · 2018-01-30T07:56:10+00:00

It's not a fair trial if prejudicial, irrelevant evidence is allowed in.

And it's not a fair trial if relevant, probative, exculpatory evidence is left out.

If a jury is inclined to believe "it must have been rape because a woman would never consent to that" then her sexual history is directly relevant if it shows she has done in the past. In other words it negates prejudice the jury probably has about female sexual purity.

Really they just care about removing any "roadblocks" to convictions.

PapaLoMein · 2018-01-30T16:18:59+00:00

How long before men on the jury just assumed evidence of innocence was hidden in every rape case and vote with that in mind?

Flavius_Stilicho476 · 2018-01-30T14:49:12+00:00

Note also the move to prohibit the defense from using pre or post coital text messages.social media posts that would indicate consent.

azazelcrowley · 2018-01-30T13:31:59+00:00

Okay. Only allow the jury, complainant, defendant, lawyers, judge, and transcriber in the court during those kind of examinations, that's a proportionate response to potential embarrassment.

Who wants to bet this wouldn't be accepted, because the point isn't anything beyond a demand to undermine due process and the ability of men to defend themselves.

McFeely_Smackup · 2018-01-30T17:45:09+00:00

calling for a a reform of section 41, to stop any reference to or questioning in court about an accusers sex life.

Are they also moving to stop any reference or questioning about the ACCUSED's sex life? You know, the person who is on trial? The one who is supposed to be innocent until proven guilty?

hixidom · 2018-01-29T23:55:20+00:00

I don't see how sexual history (except maybe in the vicinity of the date of the rape) is relevant to a rape trial.

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