Judicial Examination of Complainants in Sexual Offense Cases

Doron Menashe; Eyal Gruner

doi:10.1515/ice-2019-0001

Judicial Examination of Complainants in Sexual Offense Cases

Doron Menashe, Eyal Gruner

Faculty of Law

Research output: Contribution to journal › Article › peer-review

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	https://doi.org/10.1515/ice-2019-0001
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

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10.1515/ice-2019-0001

Cite this

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Judicial Examination of Complainants in Sexual Offense Cases

Abstract

Bibliographical note

Keywords

ASJC Scopus subject areas

Access to Document

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