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A critical evaluation of the admission of sexual history evidence in Northern Ireland trials: prevalence, impact and reform Chloe Templeton (24292583) PUREID: 670038424 Sexual history evidence previous sexual history sexual offences rape myths rape rape trials sexual offence trials sexual violence Adversarial Justice victims/survivors feminist legal theory feminism Northern Ireland criminal justice system criminal law consent Gillen Review law reform sexual behaviour trauma-informed trauma-informed justice The use of previous sexual history (PSH) evidence in sexual offence trials is widely recognised as one of the most harmful aspects of legal responses to sexual violence. In Northern Ireland (NI), this issue was examined in the 2018 Gillen Review, which scrutinised Article 28 of the Criminal Evidence (NI) Order 1999. While the Review recommended changes to practice, no legislative reform was proposed due to a lack of empirical research on how PSH operates in NI courts. This thesis addresses that gap. Grounded in feminist legal scholarship and social constructivist theory, the study combines doctrinal analysis of the Article 28 framework with a comparative review of six common law jurisdictions and original qualitative empirical research. Thirty-two semi-structured interviews were conducted with legal professionals, victim-survivors, and victim support organisations, and analysed thematically. The findings demonstrate that PSH continues to shape sexual offence trials in NI in ways that undermine complainant credibility and distort understandings of consent. Although formal applications under Article 28 are perceived as rare, PSH is shown to enter proceedings indirectly through implication, background narrative, and references to residual sexual factors. Victim-survivor accounts highlight the re-traumatising impact of these practices, while professional perspectives sharply diverge: barristers tend to view PSH as uncommon, whereas victim support organisations identify its routine informal use. This divergence reflects ambiguity in defining “sexual behaviour” and inconsistency in recognising PSH. The thesis situates these findings within the culture of the adversarial system, characterised by tactical advocacy, asymmetry between parties, and uneven judicial and prosecutorial oversight. While acknowledging the value of the Gillen Review reforms, the thesis concludes that they are insufficient without deeper cultural change. It advances a three-pillar framework of policy, practice, and philosophy, calling for a participatory redefinition of sexual behaviour and the development of trauma-informed, victim-led approaches to sexual offence trials. Thesis is embargoed until 31 July 2029. 2026-10-01T16:17:05Z Text Thesis 10.17034/32805251.v1 https://figshare.com/articles/thesis/A_critical_evaluation_of_the_admission_of_sexual_history_evidence_in_Northern_Ireland_trials_prevalence_impact_and_reform/32805251 All Rights Reserved Open Access after 2029-07-31