The Law's the Law, but Fair is Fair: Rape Shield Laws and Officials' Assessments of Sexual History Evidence

• NCJ Number: 131689
• Journal: Criminology Volume: 29 Issue: 1 Dated: (February 1991) Pages: 137-161
• Author(s): C Spohn; J Horney
• Date Published: 1991
• Length: 25 pages
• Grant Number(s): 85-IJ-CS-0048; SES-8508323
• Sponsoring Agency: National Science Foundation; National Institute of Justice (NIJ); US Dept of Justice NIJ Pub
• Publication Format: Article
• Publication Type: Survey
• Language: English
• Country: United States of America

Annotation

Recently enacted rape shield laws, which restrict the introduction of evidence of the complainant's prior sexual conduct, have engendered considerable controversy.

Abstract

This paper examines the responses of judges, prosecutors, and defense attorneys in six major urban jurisdictions to a set of hypothetical cases in which evidence of the victim's past sexual conduct is at issue. The different kinds of sexual history evidence evoke different responses from officials, and the specific provisions of the six rape shield statutes also affect officials' judgments. 4 notes, 1 figure, 3 tables, 1 appendix, and 37 references (Publisher's abstract)