Topic
Rape Shield Rule
57 published works
EvidenceProf Blog
The Incorrect Contempt Ruling By Judge Lott in the Edrick Faust Trial
By Colin Miller
Last Tuesday, a jury found Edrick Faust guilty of 12 charges in connection with the murder and aggravated sodomy of University of Georgia law student Tara Baker. At the very…
SCOV Law
Golden Rule and Bacon Scraps
By Andy DelaneyOne case issued on Friday, October 18. An entry order issued on Tuesday, October 22.We'll start with the opinion. Defendant was convicted of aggravated sexual assault and lewd…
On Point
SCOW reaffirms that rape shield law excludes evidence of lack of sexual conduct
By Wisconsin State Public Defender
State v. Ryan Hugh Mulhern, 2022 WI 42, 6/21/22, reversing a per curiam court of appeals decision, 2019AP1565, case activity (including briefs) When we posted on SCOW’s grant of review…
EvidenceProf Blog
Sixth Circuit Finds Evidence About Alleged Sex Trafficking Victims’ History of Prostitution Inadmissible Under Rape Shield Rule
By Colin Miller
Federal Rule of Evidence 412(a) provides thatThe following evidence is not admissible in a civil or criminal proceeding involving alleged sexual misconduct:(1) evidence offered to prove that a victim engaged in…
Philadelphia Criminal Defense Blog
PA Supreme Court: Rape Shield Law Bars Evidence of Complainant's Prostitution Conviction
Criminal Defense Lawyer Zak Goldstein The Pennsylvania Supreme Court has decided the case of Commonwealth v. Rogers, holding that a defendant may not introduce evidence of a complainant’s prior conviction for prostitution…
EvidenceProf Blog
Court of Appeals of Utah Finds Evidence of Victim’s Bisexuality Inadmissible Under Rape Shield Rule
By Colin Miller
Similar to its federal counterpart, Utah Rule of Evidence 412(a) provides thatThe following evidence is not admissible in a criminal proceeding involving alleged sexual misconduct: (a)(1) evidence offered to prove that a victim engaged in other sexual behavior; or(a)(2) evidence offered to prove a victim’s sexual predisposition.Under this "rape shield" rule, it is well established that evidence of an alleged victim's sexual…
On Point
SCOW will review rape shield law’s exclusion of victim’s lack of sexual conduct
By Wisconsin State Public Defender
State v. Ryan Hugh Mulhern, 2019AP1565-CR, petition to review granted 1/20/21; case activity (including PFR and briefs) Issue presented (from the state’s PFR) Does § 972.11(2)(b), the “rape shield” statute, bar…
Ohio Appellate Insights
Merit Decision: Rape Shield Law Bars Evidence of Accuser’s Past Nonconsensual Sexual Activity. State v. Jeffries
“To say that the purpose of the rape-shield law is not furthered by excluding evidence of an accuser’s past sexual abuse is to vastly underestimate the insidiousness of victim blaming.…
Ohio Appellate Insights
What’s On Their Minds: Does Ohio’s Rape Shield Statute Bar Evidence Of Prior Sexual Abuse Suffered By The Victim? State of Ohio v. Cedric N. Jeffries.
Update: On April 22, 2020, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here. On March 27, 2019, the Supreme Court of…
Ohio Appellate Insights
Oral Argument Preview: Does Ohio’s Rape Shield Statute Bar Evidence Of Prior Sexual Abuse Suffered By Victim? State of Ohio v. Cedric N. Jeffries
Update: On April 22, 2020, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here. Read an analysis of the argument here. On…