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3 Legal Issues J. 4 (2015)

handle is hein.journals/uklwetrew3 and id is 1 raw text is: UK LAW STUDENT REVIEW Restrictions on the Use of Sexual History Evidence: an Examination of Section 41 of the Youth Justice and Criminal Evidence Act 1999 Zain Khan* Abstract - This article explores the impact the enactment of section 41 of the Youth Justice and Criminal Evidence Act 1999 has had on the admissibility of the complainants' sexual history evidence in trials. In particular, the article delves into the issues of whether section 41 has achieved its aim of restricting as much of the complainants' sexual history evidence out of trials as possible, with the exception that it is admitted in limited circumstances where it is really relevant to an issue at trial, as set out in one of the four exceptions under subsection 41(2). In concluding that section 41 achieves its aim of restricting the complainants' sexual history evidence, this article argues that section 41 has also created many problems, including: (i) no overriding discretion to admit evidence which the exceptions in subsection 41(2) of the Act exclude, (ii) section 41 does not differentiate between the complainants' sexual history with the defendant and third parties, and (iii) in certain situations section 41 conflicts with the accused's right under Article 6 of the European Convention of Human Rights (right to a fair trial). Keywords: Sexual History Evidence, Section 41, Youth Justice and Criminal Evidence Act 1999 *Zain graduated with a Bachelors of Law from the University of the West of England where he was a Junior Researcher for the Innocence Project. Zain also worked as a Legal Summer Student in Ontario, Canada. Contact: zain.khanl @outlook.com. VOL. 3 ISSUE 1

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