Legal Definitions - rape shield law

A rape shield law is a legal rule designed to protect victims of sexual assault during a trial by limiting the types of evidence a defendant can introduce about the victim's past sexual conduct. The primary purpose of these laws is to prevent the victim from being unfairly scrutinized, harassed, or humiliated regarding their sexual history, which is generally considered irrelevant to whether a sexual assault occurred. By restricting such evidence, rape shield laws aim to encourage victims to report sexual crimes and ensure that the trial focuses on the defendant's alleged actions rather than the victim's character or past relationships.

Here are some examples illustrating how a rape shield law might apply:

• Scenario 1: During a trial for sexual assault, the defense attorney attempts to introduce evidence that the alleged victim had previously engaged in consensual sexual activity with several different partners. The defense argues this information is relevant to the victim's credibility or propensity for consent.

  How it illustrates the term: A rape shield law would almost certainly prevent the introduction of this evidence. The law recognizes that a person's consensual sexual history with others has no bearing on whether they consented to sexual activity with the defendant in the specific instance being tried. Admitting such evidence would serve only to embarrass the victim and distract the jury from the actual facts of the alleged assault.

• Scenario 2: A defendant in a sexual assault case tries to present testimony from a mutual acquaintance who claims the victim had a "reputation for being sexually adventurous" within their social circle. The defense intends to use this to suggest the victim was more likely to have consented.

  How it illustrates the term: A rape shield law would typically block this line of questioning and testimony. The law prevents the use of a victim's general sexual reputation or character to imply consent or to undermine their credibility. The focus of the trial must remain on the specific interaction between the defendant and the victim, not on the victim's perceived sexual habits or reputation.

• Scenario 3: The defendant in a sexual assault trial seeks to introduce evidence that, several years prior, the alleged victim had a consensual sexual relationship with the defendant's brother. The defense argues this shows a pattern of consensual sexual behavior with members of the defendant's family.

  How it illustrates the term: A rape shield law would generally prohibit the admission of this evidence. A past consensual relationship with a different individual, even a family member of the defendant, does not establish consent for the alleged assault in question. Allowing such evidence would unfairly subject the victim to scrutiny about past relationships that are irrelevant to the current charges and could deter other victims from coming forward.