NCJ Number
39919
Journal
William and Mary Law Review Volume: 18 Issue: 1 Dated: (FALL 1976) Pages: 1-46
Date Published
1976
Length
46 pages
Annotation
EXAMINATION OF POSSIBLE CONSTITUTIONAL PROBLEMS ARISING FROM RECENTLY ENACTED LAWS AIMED AT PROVIDING BETTER TREATMENT FOR FEMALE VICTIMS OF SEXUAL ASSAULTS.
Abstract
THE AUTHOR DISCUSSES TRADITIONAL RULES OF EVIDENCE IN RAPE CASES AND SURVEYS THE RAPE SHIELD LAWS PASSED BY SEVERAL STATES TO PREVENT ADMISSION OF EVIDENCE OF THE PROSECUTRIX' PRIOR SEXUAL CONDUCT BY THE DEFENSE. CONSTITUTIONAL PROBLEMS CAUSED BY THE EFFECT OF THE RAPE SHIELD LAWS TO PRECLUDE DEFENDANTS FROM INTRODUCING CERTAIN EVIDENCE IN THEIR DEFENSE AND TO CURTAIL CROSS-EXAMINATION OF THE COMPLAINING WITNESS AND OTHER PROSECUTION WITNESSES ARE EXPLORED. THE AUTHOR SUGGESTS COMPROMISE STATUTES THAT WOULD AFFORD MAXIMUM PROTECTION OF THE DEFENDANT'S RIGHTS TO A FAIR TRIAL AND TO CONFRONT WITNESSES AGAINST HIM WHILE PROVIDING SOME PROTECTION AGAINST JURY BIAS TOWARD THE VICTIM....EB