THE IMPACT OF RAPE SHIELD LAWS ON SEXUAL ASSAULT PROSECUTION
Abstract
Rape shield laws, that limits the ability to adduce evidence about a sexual assault victim's prior sexual history, have to a great extent influenced the prosecution of sexual assault cases. These laws were introduced in response to concerns that victims of sexual assault were being unfairly scrutinized and discredited based on their past behavior, rather than the facts of the case at hand. By barring irrelevant and prejudicial information, rape shield laws aim to encourage victims to come forward without fear of being publicly humiliated, while ensuring a fair trial. However, the implementation of these laws has ignited debate among legal scholars, defense attorneys, and victim advocacy groups. Critics argue that such laws may violate the defendant’s right to a fair trial by limiting potentially exculpatory evidence. In contrast, proponents maintain that these laws are essential for protecting victims and promoting justice. The impact of rape shield laws on prosecution outcomes is complex and multifaceted, influencing victim participation, judges perception, and case resolution. This paper explores the evolution of rape shield laws, their effects on both prosecution and defense strategies, and their broader societal implications
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Published in SALEM JOURNAL OF LAW
ISSN: 3027-0391
This article appears in our peer-reviewed academic journal
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