Book review: sexual history evidence and the rape trial

The challenge of if, when and how to introduce a complainant’s previous sexual history as evidence in a rape trial is one that has divided legal theorists and scholars for some decades. Having been characterised by fragmentary reform efforts to date, difficulty arises in striking the appropriate balance between the defendant’s right to a fair trial, the complainants’ right to privacy and the potential diversionary impact of this evidence. Conaghan and Russell’s new book, Sexual History Evidence and the Rape Trial, represents an invaluable contribution to this ongoing debate, synthesising centuries of legal theory, academic research, political scrutiny and philosophical analysis to skilfully contemplate the nature, use, scope and legitimacy of sexual history evidence in the modern rape trial.