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:
“Vice is its own reward. It is virtue which, if it is to be marketed with consumer appeal, must carry Green Shield stamps.”
—Quentin Crisp (b. 1908)
“If woman alone had suffered under these mistaken traditions [of women’s subordination], if she could have borne the evil by herself, it would have been less pitiful, but her brother man, in the laws he created and ignorantly worshipped, has suffered with her. He has lost her highest help; he has crippled the intelligence he needed; he has belittled the very source of his own being and dwarfed the image of his Maker.”
—Clara Barton (1821–1912)