000			02690nab a22003377a 4500
999			_c8072 _d8072
005			20250625151633.0
008			230309s2022 -nz|| |||| 00| 0 eng d
040			_aAFVC
100			_aMcDonald, Elisabeth _91672
245			_aControlling evidence of sexual experience with the defendant _cElisabeth McDonald
260			_a _bNew Zealand Law Society, _c2022
300			_aelectronic document (525 pages) ; PDF file: 4.73 MB
490	0		_aNew Zealand Law Journal
500			_aNew Zealand Law Journal, October 2022, 306-309
520			_aThe 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			_aCOURTS _9162
650			_aCRIMINAL JUSTICE _9167
650			_aEVIDENCE _9237
650			_aINTIMATE PARTNER VIOLENCE _9431
650			_aLAW REFORM _9338
650		0	_98151 _aLEGAL PROFESSION
650			_aRAPE _9488
650		4	_aSEXUAL VIOLENCE _9531
650			_aVICTIM/SURVIVORS' VOICES _99763
650		0	_aVICTIMS OF SEXUAL VIOLENCE _96716
650			_aWOMEN _9645
651		4	_aNEW ZEALAND _92588
773	0		_tNew Zealand Law Journal, October 2022, 306-309
856			_uhttps://search.informit.org/doi/abs/10.3316/agispt.20221018076026 _yRead abstract
942			_2ddc _cARTICLE