Ring, Sinéad (2026) What’s Sex Got to Do with It? Sexual Experience Evidence and Irish Rape Trials. An Independent Academic Report for Rape Crisis Ireland. Technical Report. Rape Crisis Ireland.
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Abstract
This report presents the findings of the first qualitative study of the Irish rape shield: section 3 of the
Criminal Law (Rape) Act 1981. Section 3 restricts the defence’s ability to cross-examine the
complainant in a sexual offences trial about his or her other sexual experiences beyond the events
charged. Like all rape shields, section 3 aims to protect the jury’s fact finding process by filtering out
arguments that smuggle in discredited rape myths. It targets the illogical inferences that (1) prior
consent is indicative of later consent and (2) that prior sexual activity connotes weakened credibility.
Both of these inferences are rooted in myths about what is a ‘real’ rape and who is a ‘legitimate’ rape
victim.
If defence counsel applies to have evidence of the complainant’s sexual experiences admitted, the
judge must decide whether or not to grant the application. The judge must consider the arguments
made by defence counsel about the evidence’s relevance to the issues in the trial, and any counter
arguments made by the complainant’s legal representative or by prosecution counsel. The judge must
also vindicate the defendant’s constitutional right to a fair trial.
Centred on 21 in-depth interviews with key stakeholders, this study provides groundbreaking findings
about how section 3 operates in practice and the kinds of arguments made to judges about sexual
experience evidence. A qualitative methodology was chosen for this exploratory study, using in-depth
semi-structured interviews to achieve nuanced and rich perspectives on section 3. Participants’
answers, while subjective, were grounded in their considerable experience and expertise in this highly
specialised context.
Little is known about how Irish rape trials are run and what kinds of arguments are made in the cross
examination of the complainant. By focussing on the rule governing the introduction of this
controversial category of evidence, this study opens a window onto defence and prosecution narratives
in rape trials.
| Item Type: | Monograph (Technical Report) |
|---|---|
| Additional Information: | Author: Dr Sinéad Ring is an Associate Professor of Law at the School of Law and Criminology, Maynooth University. She is lead author of Child Sexual Abuse Reported by Adults: Legal Responses in England and Wales, Ireland and Australia (Routledge 2022) (with Kate Gleeson and Kim Stevenson). Her work on criminal law, the law of evidence, and justice for non-recent abuse has been published in peer-reviewed international journals. Sinéad is a member of the Higher Education Authority’s Expert Advisory Group on Ending Sexual Violence and Sexual Harassment and a member of the Judicial Council's Sentencing Guidelines and Information Committee. Lead Research Assistant: Ashleigh Pillay, MA, PhD Candidate at the School of Law and Criminology. Ashleigh played an important part in the recruitment process and the transcription of interviews, and her expertise in coding was particularly helpful. The project also benefitted from the legal research skills of two PhD Candidates at the School of Law and Criminology, Kim McLoughlin, LLM, and Lauren Kane, LLM. Rape Crisis Ireland (RCI) works with stakeholders across Ireland and internationally to prevent sexual violence and improve response to survivors, drawing on data from Rape Crisis Centres nationwide to advocate on support, prevention, and justice. A central strand of this work is a focus on justice for survivors including legislative reform: RCI engages policymakers to advance changes to the laws and legal processes governing sexual violence cases, grounded in evidence from survivors' experiences of services and justice. Its advocacy includes specialist legal information and the shaping of public discourse around sexual violence - all grounded in survivor experience, rigorous analysis, and the data gathered from across the sexual violence sector. RCI also delivers training and supports collaboration across communities of practice, with survivors' voices and experiences at the heart of everything it does. |
| Keywords: | Sex; Sexual Experience Evidence; Irish Rape Trials; Rape Crisis Ireland; |
| Academic Unit: | Faculty of Social Sciences > School of Law and Criminology |
| Item ID: | 21998 |
| Identification Number: | 10.48460/MU.MURAL.00021998 |
| Depositing User: | Sinead Ring |
| Date Deposited: | 22 Oct 2026 16:18 |
| Publisher: | Rape Crisis Ireland |
| Use Licence: | This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here |
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