Changes to Section 2 of Sexual Offences Act 1976

Abstract

Rape complaints are at their highest since statistics began, whilst the rape conviction rate is at an all-time low. The frequency with which the complainant's previous sexual history is admitted at trial is perceived as a major factor. The government intends to legislate to reduce this, in accordance with either the Scottish or the New South Wales' legislative models. This article analyses the case law, argues that neither proposed model will suffice and advocates that the Canadian legislation should, with adaptations, be enacted in England.