NCJ Number
110694
Journal
American Journal of Criminal Law Volume: 14 Issue: 3 Dated: (Spring 1987) Pages: 281-296
Date Published
1987
Length
16 pages
Annotation
This article examines the changes in the Texas rape shield law brought about by implementation of the Texas criminal rules of evidence and considers problems that might come up under the new rule.
Abstract
The author examines five changes that are now in effect because the new Rule 412 of the Texas Criminal Code of Evidence replaces Texas Penal Code Section 22.065. The changes concern (1) use of reputation and opinion evidence, (2) applicability to cases of attempted sexual assault and attempted aggravated sexual assault, (3) admissibility of evidence of specific instances of sexual conduct, (4) the admission of documents covered by the rule, and (5) the presumption of inadmissibility of evidence of an alleged rape victim's past sexual conduct. Unlike the prior Texas statute, Rule 412 prohibits the use of either reputation or opinion evidence of an alleged rape victim's past sexual behavior. In addition, Rule 412 includes the crimes of attempted sexual assault and aggravated sexual assault under the rape shield provision. The prior statute did not specifically address attempted rape. The prior statute permitted the use of evidence of specific instances of an alleged victim's past sexual behavior. Rule 412 prohibits the use of such evidence unless it meets three criteria. Rule 412 also creates a presumption that an alleged rape victim's past sexual conduct is not admissible unless it meets certain exceptions. The author considers certain constitutional and judicial interpretation problems that might come up under the new rule. The author concludes that Rule 412 represents a more restrictive approach to the use of evidence of an alleged rape victim's past sexual conduct. 113 footnotes.