4 ms·
> Trials often included inquiries into a woman’s sexual history, because of the notion that a woman who wasn’t virginal must have been complicit in any sex that
by smegel 11y ago
> Trials often included inquiries into a woman’s sexual history, because of the notion that a woman who wasn’t virginal must have been complicit in any sex that occurred.
I thought it was to counteract arguments that an apparently virginal woman would not engage in such sordid behavior, therefore making it apparent it must have been rape - when she had in fact engaged in such acts and they would not have been out of character in the least.
There is this claim that sexual history will hopelessly bias the jury, therefore should be banned - but they seem quite happy for other biases - such that women don't aggressively engage in casual sex or that young girls have no concept of sexuality - to stand and influence the outcome.