The Admissibility of Sexual Orientation Evidence as Evidence of the Complainant's “Sexual Behaviour” Under s.41 of the Youth Justice and Criminal Evidence Act 1999

2021 ◽  
pp. 002201832110601
2016 ◽  
Vol 3 (9) ◽  
pp. 160403
Author(s):  
Brian Skinner

Same-sex sexual behaviour is ubiquitous in the animal kingdom, but its adaptive origins remain a prominent puzzle. Here, I suggest the possibility that same-sex sexual behaviour arises as a consequence of the competition between an evolutionary drive for a wide diversity in traits, which improves the adaptability of a population, and a drive for sexual dichotomization of traits, which promotes opposite-sex attraction and increases the rate of reproduction. This trade-off is explored via a simple mathematical ‘toy model’. The model exhibits a number of interesting features and suggests a simple mathematical form for describing the sexual orientation continuum.


2019 ◽  
Vol 84 (1) ◽  
pp. 49-73
Author(s):  
Brian Brewis ◽  
Adam Jackson

This article critically evaluates whether the ‘rape shield’ legislation in England and Wales, as currently contained in s 41 Youth Justice and Criminal Evidence Act (YJ&CEA) 1999, is fit for purpose. The article addresses the impact of the case of R v Evans (Chedwyn) [2016] EWCA Crim 452 which received a disproportionately high amount of media scrutiny and led to subsequent calls for greater restrictions on sexual behaviour evidence. The article examines possible reform proposals by Findlay Stark and Matt Thomason and the results of empirical research conducted by Laura Hoyano before proposing the introduction of a ‘combined admissibility framework’ for evidence of a complainant’s previous sexual behaviour and bad character. The proposed framework seeks to retain the high threshold for the admissibility, in particular, of evidence relating to a complainant’s previous sexual behaviour while introducing a more holistic and straightforward model moving away from the strict categories approach adopted by s 41 YJ&CEA 1999.


2003 ◽  
Vol 12 (2) ◽  
pp. 121-133 ◽  
Author(s):  
Kevin Lalor ◽  
Cathal O'Regan ◽  
Siobhán Quinlan

A sample of 247 college students were surveyed regarding their experiences of consensual sexual experiences below age 16; experiences of ‘boyfriend/girlfriend’ relationships; experiences of lifetime sexual activity and sexual orientation. By age 16, 12 per cent of respondents have had intercourse. Males are one and half to two times more likely than females to report sexual experiences below age 16. Those with urban origins are significantly more likely to report having had sexual experiences before age 16 than those with rural origins. The period 18–20 is characterised by short term dating, leading to much longer lasting relationships in the 21+ age category. For 18–20 year olds, 50.5 per cent report having had sexual intercourse (57 per cent of males and 47.7 per cent of females). Respondents from Dublin city or county are more likely to report having had sexual intercourse than those from a rural/farm background (64 percent and 39 per cent respectively). A surprising trend was the apparently chaste nature of boyfriend/girlfriend relationships in the 18–20 age group. This study examined only sexual experiences. Further research is required to examine the relationship contexts of various sexual experiences.


2016 ◽  
Vol 73 (3) ◽  
pp. 679-687
Author(s):  
Esperanza Romero-Estudillo ◽  
Inmaculada García-García ◽  
Juan de Dios Luna-del Castillo ◽  
María C. Mesa-Franco ◽  
Emilio González-Jiménez

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