A critical evaluation of the admission of sexual history evidence in Northern Ireland trials: prevalence, impact and reform

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.<br><br>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.<br><br><i>Thesis is embargoed until 31 July 2029</i>.<br>