Legal Definitions - rape shield statute

A rape shield statute is a law designed to protect victims of sexual assault during legal proceedings by limiting the introduction of their past sexual history into evidence. The primary goal of these statutes is to prevent defense attorneys from using a victim's prior sexual conduct to suggest they are more likely to have consented to the alleged assault or are less credible as a witness. By focusing the trial on the alleged crime itself rather than the victim's character or past relationships, rape shield statutes aim to encourage victims to report assaults and participate in the justice system without fear of being re-victimized in court.

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

• Example 1: Challenging Credibility Based on Past Partners

  During a criminal trial for sexual assault, the defense attorney attempts to question the victim about her previous consensual sexual partners, arguing that her history of multiple relationships makes her less believable or more likely to have consented to the alleged assault. The judge would likely invoke the rape shield statute to prevent this line of questioning. The statute ensures that the victim's past sexual history with other individuals is generally irrelevant to whether she consented to the specific act in question with the defendant, and introducing such evidence would be prejudicial.

• Example 2: Implying Consent from Lifestyle or Attire

  In a sexual assault case, the defense seeks to introduce evidence that the victim frequently attended parties where alcohol was consumed, or that she had previously posted photos on social media wearing revealing clothing. The defense argues this evidence suggests a "party lifestyle" that implies a greater likelihood of consent. A rape shield statute would typically bar the introduction of such evidence. The victim's general lifestyle choices or attire at other times are irrelevant to whether she consented to the specific sexual act at issue in the trial, and allowing such evidence would be an attempt to shame the victim rather than establish facts about the alleged crime.

• Example 3: Prior Consensual Activity with Someone Else

  A defendant is accused of sexually assaulting a coworker. The defense attorney tries to introduce testimony from another coworker stating that the victim had previously engaged in consensual sexual activity with a different colleague in the same office building. The defense hopes to imply that because the victim had consensual sexual encounters at work before, she was more likely to have consented to the defendant. A rape shield statute would prevent this testimony. The victim's consensual sexual history with a third party is generally not admissible, as it does not prove consent for the alleged assault by the defendant and would serve only to prejudice the jury against the victim.