NCJ Number
109762
Journal
Journal of Criminal Law and Criminology Volume: 78 Issue: 3 Dated: (Fall 1987) Pages: 644-698
Date Published
1987
Length
55 pages
Annotation
This article examines State rape shield laws and analyzes trends of judicial decisions pertinent to these laws in several States.
Abstract
The study focuses on five States which have enacted rape shield laws representative of the vast array of statutes. The most functional rape shield laws provide for judicial discretion while giving adequate legislative guidance. Rape shield laws are designed to protect rape complainants from the psychological trauma associated with the public disclosure of the complainant's prior sexual activities and propensity for unchastity. Judicial interpretations of rape shield laws, however, have generally provided a lesser degree of protection for rape complainants than intended by State mandates. The courts have overprotected the constitutional rights of defendants by following the unsubstantiated evidentiary assumptions of the Victorian era. To remedy this, State legislature and courts must cooperate. First, legislatures should amend rape shield laws to present a cogent textual account of the function of such provisions. Secondly, State courts must exercise judicial restraint in interpreting rape shield laws. When confronting ambiguous rape shield laws, courts should focus on the purpose of such evidentiary restrictions. 5 appended tables pertinent to State rape shield laws and 315 footnotes.