Uncovering Judicial Perspectives on Questions of Relevance and Admissibility in Sexual Offence Cases

Abstract

This paper arises from a research project which explored judicial perspec tives on the structure and operation of section 41 of the Youth Justice and Criminal Evidence Act 1999 (YJCE) and on the relevance and admissibility of a complainant's prior sexual behaviour in sexual offence cases.1 The paper examines the methodology adopted in the research project, explores its uses and limitations, and compares it with alternative methodo logies adopted in this field. In particular, it examines the value of the project methodology in terms of its potential contribution to ongoing debates in this area, and also considers issues relating to the reporting and presentation of the research findings and practical considerations such as recording, transcription, and data handling.