Sexual History Evidence: General Rule and Meaning of "Sexual Behaviour"

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Where is the general rule found?
s.41 YJCEA 1999
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What are the policy reasons for the general rule?
Protect female victims in proceedings (from inappropriate + harassing cross-examination), possibly to increase number of reports of sexual crime, to move on from former practice based on "**** myths"
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What are the two main **** myths that the general rule tries to move away from?
Someone who has consented to sex in the past is more likely to consent to sex in the future + if you are promiscuous you are more likely to lie in court
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In which case were these policy reasons laid down?
Bahador
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What was the reception to this general rule amongst judges?
Widespread disquiet amongst judges (due to possibility of excluding relevant evidence)
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True or false: Spencer says that the provision is limited in scope
True
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Give example of where no other person was involved, but there was still sexual behaviour
Ben-Rejab: witness answered questions of a sexually explicit online quiz (motive to obtain sexual pleasure)
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Where did sexual behaviour cover evidence of W's sexual orientation?
Beedall (because it was suggestive of prior sexual experience)
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Did sexual behaviour cover evidence of W's abortion in P(R)?
No (even though this was indicative of previous sexual behaviour)
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In which case was it held that sexual behaviour doesn't cover previous false complaint of sexual offending?
RT
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What did Garaxo say was required to determine a complaint about sexual offending was false?
A factual foundation upon which jury could conclude complaint was false
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Card 2

Front

What are the policy reasons for the general rule?

Back

Protect female victims in proceedings (from inappropriate + harassing cross-examination), possibly to increase number of reports of sexual crime, to move on from former practice based on "**** myths"

Card 3

Front

What are the two main **** myths that the general rule tries to move away from?

Back

Preview of the front of card 3

Card 4

Front

In which case were these policy reasons laid down?

Back

Preview of the front of card 4

Card 5

Front

What was the reception to this general rule amongst judges?

Back

Preview of the front of card 5
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