Ignoring Implementation: Defects in Canada’s “Rape Shield” Policy Cycle

McNabb, Danielle; Baker, Dennis J.

doi:10.1017/cls.2020.35

Cited by 3 publications

(1 citation statement)

References 17 publications

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“…While we have highlighted the scepticism of some commentators observing this trend towards proceduralism (McNabb and Baker, 2021;Illias, 2020;Illias et al, 2021), this too is indicative of efforts to reframe the schema of norms that govern the discourse around SHE.…”

Section: Recurring Themes and Patternsmentioning

confidence: 74%

Sexual History Evidence in Review

Conaghan¹,

Russell²

2023

New Directions in Sexual Violence Scholarship

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Scanning the juridic and policy landscapeWe begin by reviewing the current juridic and policy landscape surrounding SHE in seven countries, encompassing six jurisdictions, namely England and Wales, Northern Ireland, the Republic of Ireland (ROI), Scotland, New Zealand and Canada. 1 These jurisdictions are comparable in that they are all common law based, and each bears the legacy of a colonial connection to England and English law, albeit in different ways. Notwithstanding their distinct jurisdictional status, we consider England, Wales and Northern Ireland together as they share the same statutory framework in relation to SHE. Our aim is to present a 'snapshot' of this fast-moving area at this current moment, highlighting new directions and initiatives, and distilling key themes and challenges. England, Wales and Northern IrelandIn England and Wales, section 41 of the Youth Justice and Criminal Evidence Act 1999 (YJCEA) governs the introduction of evidence 'about any sexual behaviour of the complainant'. These provisions are mirrored exactly in the law of Northern Ireland in Articles 28 and 29 of the Criminal Evidence (Northern Ireland) Order 1999. 2 Section 41 establishes a general rule excluding SHE, whether relating to sexual behaviour with the defendant or third parties, subject to four exceptions. Even where these exceptions or 'gateways' are met, leave to admit SHE cannot be given unless the court is satisfied that 'a 1 Space precludes us from including Australia and the United States in this review but see Conaghan and Russell (forthcoming).2 For expediency we refer in the subsequent discussion only to the English and Welsh provisions.

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Section: Recurring Themes and Patternsmentioning

confidence: 74%

Sexual History Evidence in Review

Conaghan¹,

Russell²

2023

New Directions in Sexual Violence Scholarship

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To Serve and Protect? An Empirical Study of Police-Involved Sexual Assault

McNabb

Puddister

2022

Women & Criminal Justice

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The Need for a Canadian Database of Police Use-of-Force Incidents

Bennell

Brown

Jenkins

et al. 2022

Canadian Journal of Criminology and Criminal Justice

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Concerns surrounding the use of force by police officers appear to be growing, fuelled by perceptions that the police use force too frequently, research showing that force is applied disproportionately to members of certain groups, and the view held by some that the mechanisms for holding police responsible for unjustified force are inadequate. In this paper, we advocate for the creation of a national use-of-force database in Canada to gain a better understanding of these issues, adding our voice to those who have already been actively calling for this. We describe some of the potential benefits that would be associated with such a database, including the fact that it would enhance police transparency and accountability, while also increasing our understanding of when and why force is used and what strategies may be useful for reducing inappropriate applications of force. We also highlight some of the challenges we think would be encountered, including mandating nationwide participation, overcoming resistance from the police community, establishing sensible case inclusion criteria, and standardizing data collection. While these are significant challenges, we believe not only that they are possible to overcome but that doing so will provide real value to Canadian society.

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Ignoring Implementation: Defects in Canada’s “Rape Shield” Policy Cycle

Cited by 3 publications

References 17 publications

Sexual History Evidence in Review

Sexual History Evidence in Review

To Serve and Protect? An Empirical Study of Police-Involved Sexual Assault

The Need for a Canadian Database of Police Use-of-Force Incidents

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