An evaluation of sexual history evidence in sexual crimes cases in Malaysia

This article is to evaluate the subject of the relevance of sexual history evidence in Malaysia. This includes the issue of the admissibility of evidence about the complainant’s sexual history, which is an issue of relevancy that is usually determined under the so-called rape shield law. As an illu...

Full description

Bibliographic Details
Main Author:	Mohamad Yunus, Mohamad Ismail
Format:	Article
Language:	English
Published:	Sweet & Maxwell Malaysia 2018
Subjects:	K Law (General) KBP Islamic Law KD England and Wales KPG Malaysia
Online Access:	http://irep.iium.edu.my/71793/ http://irep.iium.edu.my/71793/ http://irep.iium.edu.my/71793/ http://irep.iium.edu.my/71793/1/71793_An%20Evaluation%20of%20Sexual%20HIstory.pdf

id	iium-71793
recordtype	eprints
spelling	iium-717932019-07-12T02:29:36Z http://irep.iium.edu.my/71793/ An evaluation of sexual history evidence in sexual crimes cases in Malaysia Mohamad Yunus, Mohamad Ismail K Law (General) KBP Islamic Law KD England and Wales KPG Malaysia This article is to evaluate the subject of the relevance of sexual history evidence in Malaysia. This includes the issue of the admissibility of evidence about the complainant’s sexual history, which is an issue of relevancy that is usually determined under the so-called rape shield law. As an illustration, if A is on trial for the rape of B, should evidence that B flirted with C and D earlier in the evening be allowed? If B previously had consensual sex with both C and D, does that show that she is more likely to have consented to sex with A? Would it make a difference if on each occasion had she been drinking, picked up by the men in the same circumstances, and had sex in the same way?”. This issue has been debated widely due to its prejudicial nature. Therefore, in this article, the comparison with regards to the position of sexual history evidence in several countries like England, India, Singapore as well as Malaysia will be made. In view of this debatable issue, the effect of allowing the sexual history evidence in sexual crime trial, as well as the end product of limiting such evidence in the court of law, shall be explained thoroughly. Lastly, an attempt is also made to come up with an evaluation as to whether the law should be reformed or is there any other suggestions and recommendations to improve the current position of sexual history evidence and if it were to happen in Malaysia. Sweet & Maxwell Malaysia 2018-12-19 Article PeerReviewed application/pdf en http://irep.iium.edu.my/71793/1/71793_An%20Evaluation%20of%20Sexual%20HIstory.pdf Mohamad Yunus, Mohamad Ismail (2018) An evaluation of sexual history evidence in sexual crimes cases in Malaysia. The Law Review 2018. pp. 418-429. ISSN 1985-0891 http://www.sweetandmaxwellasia.com.my/BookStore/showProduct.asp?countrycode=MLY&id=2361&ptab=1&bookstore=1&g=x4&ec=QSNBGDKTJJVZSVHOPTPJVMABXRFBGBIWITAPUEIDOBJKXVS KDN PP19411/12/2018 (035005)
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General) KBP Islamic Law KD England and Wales KPG Malaysia
spellingShingle	K Law (General) KBP Islamic Law KD England and Wales KPG Malaysia Mohamad Yunus, Mohamad Ismail An evaluation of sexual history evidence in sexual crimes cases in Malaysia
description	This article is to evaluate the subject of the relevance of sexual history evidence in Malaysia. This includes the issue of the admissibility of evidence about the complainant’s sexual history, which is an issue of relevancy that is usually determined under the so-called rape shield law. As an illustration, if A is on trial for the rape of B, should evidence that B flirted with C and D earlier in the evening be allowed? If B previously had consensual sex with both C and D, does that show that she is more likely to have consented to sex with A? Would it make a difference if on each occasion had she been drinking, picked up by the men in the same circumstances, and had sex in the same way?”. This issue has been debated widely due to its prejudicial nature. Therefore, in this article, the comparison with regards to the position of sexual history evidence in several countries like England, India, Singapore as well as Malaysia will be made. In view of this debatable issue, the effect of allowing the sexual history evidence in sexual crime trial, as well as the end product of limiting such evidence in the court of law, shall be explained thoroughly. Lastly, an attempt is also made to come up with an evaluation as to whether the law should be reformed or is there any other suggestions and recommendations to improve the current position of sexual history evidence and if it were to happen in Malaysia.
format	Article
author	Mohamad Yunus, Mohamad Ismail
author_facet	Mohamad Yunus, Mohamad Ismail
author_sort	Mohamad Yunus, Mohamad Ismail
title	An evaluation of sexual history evidence in sexual crimes cases in Malaysia
title_short	An evaluation of sexual history evidence in sexual crimes cases in Malaysia
title_full	An evaluation of sexual history evidence in sexual crimes cases in Malaysia
title_fullStr	An evaluation of sexual history evidence in sexual crimes cases in Malaysia
title_full_unstemmed	An evaluation of sexual history evidence in sexual crimes cases in Malaysia
title_sort	evaluation of sexual history evidence in sexual crimes cases in malaysia
publisher	Sweet & Maxwell Malaysia
publishDate	2018
url	http://irep.iium.edu.my/71793/ http://irep.iium.edu.my/71793/ http://irep.iium.edu.my/71793/ http://irep.iium.edu.my/71793/1/71793_An%20Evaluation%20of%20Sexual%20HIstory.pdf
first_indexed	2023-09-18T21:41:47Z
last_indexed	2023-09-18T21:41:47Z
_version_	1777413188799692800

An evaluation of sexual history evidence in sexual crimes cases in Malaysia

Similar Items