Controlling evidence of sexual experience with the defendant (Record no. 8072)
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| 000 -LEADER | |
|---|---|
| fixed length control field | 02690nab a22003377a 4500 |
| 005 - DATE AND TIME OF LATEST TRANSACTION | |
| control field | 20250625151633.0 |
| 008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION | |
| fixed length control field | 230309s2022 -nz|| |||| 00| 0 eng d |
| 040 ## - CATALOGING SOURCE | |
| Original cataloging agency | AFVC |
| 100 ## - MAIN ENTRY--PERSONAL NAME | |
| Personal name | McDonald, Elisabeth |
| 9 (RLIN) | 1672 |
| 245 ## - TITLE STATEMENT | |
| Title | Controlling evidence of sexual experience with the defendant |
| Statement of responsibility, etc | Elisabeth McDonald |
| 260 ## - PUBLICATION, DISTRIBUTION, ETC. (IMPRINT) | |
| Place of publication, distribution, etc | |
| Name of publisher, distributor, etc | New Zealand Law Society, |
| Date of publication, distribution, etc | 2022 |
| 300 ## - PHYSICAL DESCRIPTION | |
| Extent | electronic document (525 pages) ; PDF file: 4.73 MB |
| 490 0# - SERIES STATEMENT | |
| Series statement | New Zealand Law Journal |
| 500 ## - GENERAL NOTE | |
| General note | New Zealand Law Journal, October 2022, 306-309 |
| 520 ## - SUMMARY, ETC. | |
| Summary, etc | The introduction of admissibility rules aimed at excluding irrelevant or overly prejudicial evidence about a complainant’s sexual experience in many common law jurisdictions in the 1970s and 1980s has been followed by decades of criticisms concerning judicial implementation of the provisions. Multiple reform efforts have not quelled the critique, and such rules remain the focus of a debate which highlights the tension between due process for defendants and fair treatment of complainants. While most participants in the debate acknowledge the need for a rule that fairly attends to both policy imperatives, there is not yet clear agreement about how to attain such a goal. On one side there are compelling arguments that evidence of a complainant’s sexual experience should never be admitted as such evidence is never (or hardly ever) sufficiently relevant to the issues at trial. The significant counter narrative is that excluding sexual history evidence unfairly impacts on a defendant’s ability to mount an effective defence and as such infringes constitutional fair trial rights. Both views were strongly expressed in the recent legislative process concerning the 'Sexual Violence Legislation Bill 2019'. The Bill sought to implement some of the Law Commission’s recommendations contained in their second review of the 'Evidence Act 2006' (NZLC R142, 2019), including the extension of section 44 to include evidence of the sexual experience of the complainant with the defendant. (Author's abstract). Record #8072 |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical term or geographic name as entry element | COURTS |
| 9 (RLIN) | 162 |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical term or geographic name as entry element | CRIMINAL JUSTICE |
| 9 (RLIN) | 167 |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical term or geographic name as entry element | EVIDENCE |
| 9 (RLIN) | 237 |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical term or geographic name as entry element | INTIMATE PARTNER VIOLENCE |
| 9 (RLIN) | 431 |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical term or geographic name as entry element | LAW REFORM |
| 9 (RLIN) | 338 |
| 650 #0 - SUBJECT ADDED ENTRY--TOPICAL TERM | |
| 9 (RLIN) | 8151 |
| Topical term or geographic name as entry element | LEGAL PROFESSION |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical term or geographic name as entry element | RAPE |
| 9 (RLIN) | 488 |
| 650 #4 - SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical term or geographic name as entry element | SEXUAL VIOLENCE |
| 9 (RLIN) | 531 |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical term or geographic name as entry element | VICTIM/SURVIVORS' VOICES |
| 9 (RLIN) | 9763 |
| 650 #0 - SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical term or geographic name as entry element | VICTIMS OF SEXUAL VIOLENCE |
| 9 (RLIN) | 6716 |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical term or geographic name as entry element | WOMEN |
| 9 (RLIN) | 645 |
| 651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME | |
| Geographic name | NEW ZEALAND |
| 9 (RLIN) | 2588 |
| 773 0# - HOST ITEM ENTRY | |
| Title | New Zealand Law Journal, October 2022, 306-309 |
| 856 ## - ELECTRONIC LOCATION AND ACCESS | |
| Uniform Resource Identifier | <a href="https://search.informit.org/doi/abs/10.3316/agispt.20221018076026">https://search.informit.org/doi/abs/10.3316/agispt.20221018076026</a> |
| Link text | Read abstract |
| 942 ## - ADDED ENTRY ELEMENTS (KOHA) | |
| Source of classification or shelving scheme | Dewey Decimal Classification |
| Koha item type | Journal article |
No items available.