What Are Rape Shield Laws?
Rape shield laws expressly prohibit or limit the use of evidence of a victim¿spast sexual history to undermine that victim's credibility. These laws areintended to protect victims from invasions of their privacy, and to encouragethem to come forward without having to fear that their sexual history will beused against them. What Evidence Will Be Excluded?
Generally, rape shield laws will exclude any evidence that does notpertain directly to the sexual assault case at hand. This evidence can include: - Evidence regarding the victim's reputation: For example, rape shield laws will prevent a witness from testifying that the victim had a reputation for morally loose conduct.
- Evidence of past sexual behavior not related to the rape accusation at hand: For example, the number of a victim's sexual partners usually cannot be brought in as evidence under the rape shield laws.
What Evidence Can Be Admitted?
The rape shield laws typically do not exclude evidence directly related to the rapecase at hand. Such evidence can include: - Prior or subsequent sexual conduct with the defendant
- Evidence of specific instances of sexual activity with another party that would show that the rape was not committed by the defendant
- Any evidence that the judge finds relevant to the case or that must be admitted to protect the constitutional rights of the defendant: a judge will usually use a balancing test to determine if the potential harm to the victim will outweigh the relevance of the evidence
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