Gender bias and the law of evidence : the link between sexuality and credibility
McDonald, Elisabeth
Gender bias and the law of evidence : the link between sexuality and credibility McDonald, Elisabeth - Victoria University of Wellington, 1994 - Victoria University of Wellington Law Review .
Victoria University of Wellington Law Review 24: 175
In sexual assault trials, the credibility of the complainant, or the" primary witness", will often be an issue. Prior to the enactment of section 23A of the Evidence Act 1908, which governs the admissibility of sexual history evidence, the complainant's veracity was often questioned on the basis of her prior sexual experience. Under section 23A, such sexual history evidence must be of" direct relevance" to a fact in issue to be admissible. The concept of relevance and reasonableness also governs the admissibility of" recent complaint" evidence in sexual assault trials, with varying results. This comment examines the concept of relevance in light of two Court of Appeal decisions, and discusses how the link between sexuality and credibility is still being made by New Zealand courts. (Author's abstract). Record #8430
ABUSED WOMEN
CRIMINAL LAW
EVIDENCE
JUSTICE
RAPE MYTH
SEXUAL VIOLENCE
WOMEN
NEW ZEALAND
Gender bias and the law of evidence : the link between sexuality and credibility McDonald, Elisabeth - Victoria University of Wellington, 1994 - Victoria University of Wellington Law Review .
Victoria University of Wellington Law Review 24: 175
In sexual assault trials, the credibility of the complainant, or the" primary witness", will often be an issue. Prior to the enactment of section 23A of the Evidence Act 1908, which governs the admissibility of sexual history evidence, the complainant's veracity was often questioned on the basis of her prior sexual experience. Under section 23A, such sexual history evidence must be of" direct relevance" to a fact in issue to be admissible. The concept of relevance and reasonableness also governs the admissibility of" recent complaint" evidence in sexual assault trials, with varying results. This comment examines the concept of relevance in light of two Court of Appeal decisions, and discusses how the link between sexuality and credibility is still being made by New Zealand courts. (Author's abstract). Record #8430
ABUSED WOMEN
CRIMINAL LAW
EVIDENCE
JUSTICE
RAPE MYTH
SEXUAL VIOLENCE
WOMEN
NEW ZEALAND