Abstract
This article concerns the ideal legal arrangement with respect to cross-examining complainants in sexual assault cases regarding their sexual history. The article examines the question of under what circumstances the complainant's sexual history could be seen as as logically relevant. It also deals with finding the balance between, on the one hand, the interests of protecting the defendant and pursuing truth, which require cross-examination regarding the complainant's sexual history, and on the other hand, the interest of protecting the complainant's dignity and welfare.
| Original language | English |
|---|---|
| Article number | 20190001 |
| Journal | International Commentary on Evidence |
| Volume | 16 |
| Issue number | 1 |
| DOIs | |
| State | Published - 2019 |
Bibliographical note
Publisher Copyright:© 2019 Walter de Gruyter GmbH, Berlin/Boston.
Keywords
- adverse inference
- cross-examining of complainant
- privilege
- sexual history
- sexual offenses
ASJC Scopus subject areas
- Law