Abstract
The nineteenth century was a period of important change in medical knowledge and practice. Forensic medicine developed as a profession in the Victorian period and established an increasingly coherent body of knowledge, which included the legal aspects of sexual crime. Science carried some weight on the witness stand, where practitioners of sexual forensics testified on the legal implications of a complainant’s physical and mental signs in the aftermath of an alleged sexual crime. Medical witnesses needed to consider all possible meanings of a sign in order to identify whether it held legal relevance. Sexual forensics therefore dealt with subjects that were outside the remit of most witness testimony, ranging from a complainant’s general physical maturity to her (and sometimes his) chastity.
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Notes
C. Bell Taylor, ‘The Medical Man as Expert Witness’, The Lancet, 1 April 1905, 887–88, p. 887.
Mark Jackson, New-Born Child Murder: Women, Illegitimacy and the Courts in Eighteenth-Century England (Manchester: Manchester University Press, 1996), p. 15.
Nancy Tuana, ‘Coming to Understand: Orgasm and the Epistemology of Ignorance’, Hypatia 19 (2004), 194–232, p. 194. I am grateful to Willemijn Ruberg for drawing my attention to this subject of ‘epistemologies of ignorance’ and for sending me an unpublished version of her article to do so.
Anthony Good, Anthropology and Expertise in the Asylum Courts (Abingdon; New York: Routledge, 2007), p. 45.
Garthine Walker, ‘Rape, Acquittal and Culpability in Popular Crime Reports in England, c.1670-c.1750’, Past and Present 220 (2013), 115–42.
Shani D’Cruze and Louise A. Jackson, Women, Crime and Justice in England since 1660 (Basingstoke; New York: Palgrave Macmillan, 2009), p. 12.
Dan Healey, Bolshevik Sexual Forensics: Diagnosing Disorder in the Clinic and Courtroom, 1917–1939 (DeKalb: Northern Illinois University Press, 2009).
Sally Shuttleworth, ‘Victorian Childhood’, Journal of Victorian Culture 9 (2004), 107–13, p. 107.
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© 2016 Victoria Bates
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Bates, V. (2016). Conclusions: Medicine, Morality and the Law. In: Sexual Forensics in Victorian and Edwardian England. Genders and Sexualities in History. Palgrave Macmillan, London. https://doi.org/10.1057/9781137441720_8
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DOI: https://doi.org/10.1057/9781137441720_8
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