Rape Shield Laws
In the United States and Canada, rape is unique in that it is the only crime in which there are statutory protections designed in favor of the accuser. These were enacted in response to the common defense tactic of "putting the accuser on trial". Typical rape shield laws prohibit cross-examination of the accuser (alleged victim) with respect to certain issues, such as her or his prior sexual history, or the manner in which she or he was dressed at the time of the rape. Most states and the federal rules, however, provide exceptions to the rape shield law where evidence of prior sexual history is used to provide an alternative explanation for physical evidence, where the defendant and the alleged victim had a prior consensual sexual relationship, and where exclusion of evidence would violate the defendant's constitutional rights.
Read more about this topic: Victim Blaming
Famous quotes containing the words shield and/or laws:
“The lichen on the rocks is a rude and simple shield which beginning and imperfect Nature suspended there. Still hangs her wrinkled trophy.”
—Henry David Thoreau (1817–1862)
“Among the laws controlling human societies there is one more precise and clearer, it seems to me, than all the others. If men are to remain civilized or to become civilized, the art of association must develop and improve among them at the same speed as equality of conditions spreads.”
—Alexis de Tocqueville (1805–1859)