Section
41: an evaluation of new legislation limiting sexual history evidence
in rape trials
rds2006
This report presents the findings of research commissioned in 2002 to examine
the operation and impact of section 41 of the Youth Justice and Criminal
Evidence Act 1999, which was intended to control the introduction of evidence
about
the complainant’s previous sexual behaviour in sex offence trials.
The research tracked nearly 240 rape cases coming before the Crown Courts
in England and Wales in 2003. The researchers also looked at 170 Crown Prosecution
Service (CPS) rape case files, observed over 30 rape trials, examined Home
Office statistical data and analysed recent reported Court of Appeal decisions.
They also interviewed judges, barristers, CPS lawyers, complainants, police
officers and those involved with supporting victims.