Taking Fuel From the Fire: Regulating the Introduction of Rape Myth Infused and Irrelevant Evidence About Complainants in Rape Trials

This article considers how victim-blaming and stereotypical attitudes about appropriate victim behaviour can impact upon the operation of rape trials, particularly by prejudicing a complainant's testimony where s/he can be portrayed as having departed from the stereotypical norm of a ‘real victim’. While recommendations for tackling such attitudes within the trial understandably focus on extra-legal interventions such as juror education or broader societal awareness initiatives, it is argued here that law reform still has a role to play. Drawing on the jurisdiction of Ireland as a case study, the article considers how reform of the rules of evidence (specifically rules relating to the admission of sexual experience evidence and disclosure of personal records) might be reformed to minimise the potential for the introduction of prejudicial and irrelevant evidence about complainants which can fuel the influence of stereotypes about ‘real victims’ upon the trial process.