Rape Shield Laws
Updated:Rape shield laws are legal protections designed to safeguard victims of sexual assault during criminal proceedings. These laws limit the ability of defense attorneys to introduce evidence or cross-examine rape victims about their past sexual behavior or sexual predisposition. The primary purpose is to prevent the defense from using a victim's sexual history to discredit them or suggest that they consented to the assault.
Additional Information
Rape shield laws were first introduced in the 1970s in response to the frequent use of victims' sexual histories to discredit their testimonies in court. These laws vary by jurisdiction but generally prohibit the introduction of evidence about:
- The victim's sexual history with people other than the accused
- The victim's manner of dress at the time of the alleged assault
- The victim's sexual orientation or gender identity
While these laws aim to protect victims, they also balance the rights of the accused to a fair trial. In some cases, exceptions may be made if the court deems the evidence particularly relevant to the case.
Examples
In a sexual assault trial, the defense attorney is prevented from asking the victim about their previous sexual partners.
A judge rules that evidence of the victim's clothing on the night of the alleged assault is inadmissible under rape shield laws.