Rape Shield Law Case Study

Rape shield laws limit the use of evidence of a victim’s past sexual history that might undermine the victim’s credibility. The purpose of rape shield laws is to protect victims from emotional distress when cross-examined about their sexual history (Brody & Acker, 2010). Courts feel the victim’s sexual history has little relevance and the humiliation and fear of being questioned about their past sexual conduct might prevent some victims to come forward (Brody & Acker, 2010)..
In Tennessee, Rape shield laws were adapted in response to a sexist view that a woman who had sexual relations in the past was more likely to have consensual sex with a specific criminal defendant (Brody & Acker, 2010). The rule tries to minimize the likelihood that evidence of the alleged victim’s sexual history may cause the jury to be unfairly prejudiced …show more content…
Evid. Rule 412, the reputation, or opinion evidence of the sexual behavior of an alleged victim of a sexual offense is inadmissible unless admitted according to the Tennessee rule or United States Constitution (National district attorneys’ association, 2011).
The sexual behavior of a victim is inadmissible unless admitted in accordance with the procedures in subdivision (d) of Tennessee’s law and the evidence is:
1. Required by the Tennessee or United States Constitution (National district attorneys’ association, 2011).
2. Given by the defendant on the issue of credibility of the victim. However, the prosecutor or victim must have been presented the evidence as to the victim’s sexual behavior. It can only be to the extent needed to rebut the specific evidence presented by the prosecutor or victim (National district attorneys’ association, 2011).
3. If the sexual behavior of the victim was with the accused and pertains to the issue of consent (National district attorneys’ association, 2011).
4. If the sexual behavior of the victim was with persons other than the accused and is used to:
a. Explain scientific or medical