Topic
Rape Shield Rule
57 published works
EvidenceProf Blog
Do Ask, Don’t Tell: Significant Change Made to Military’s Rape Shield Rule
By Colin Miller
Military Rule of Evidence 412, the military's rape shield rule, reads as follows:Rule 412. Nonconsensual sexual offenses; relevance of victim’s behavior or sexual predisposition (a) Evidence generally inadmissible. The following…
EvidenceProf Blog
Improper Relations, Take 2: Nebraska Court Finds Rape Shield Rule Applicable to Relationship Evidence
By Colin Miller
Yesterday, I posted an entry on this blog about State v. Lavalleur, 289 Neb. 102 (Neb. 2014), in which the Supreme Court of Nebraska found that the trial court erred in finding that…
EvidenceProf Blog
Improper Relations?: Supreme Court of Nebraska Finds Rape Shield Rule Inapplicable to Relationship Evidence
By Colin Miller
Federal Rule of Evidence 412 provides in relevant part that(a) Prohibited Uses. The following evidence is not admissible in a civil or criminal proceeding involving alleged sexual misconduct: (1) evidence offered…
EvidenceProf Blog
Piercing the Shield: Court of Appeals of Minnesota Finds Rape Shield Violation in Clergy Abuse Case
By Colin Miller
Federal Rule of Evidence 412, the federal Rape Shield Rule, deems evidence of a victim's sexual predisposition and other sexual behavior inadmissible, subject to the following exceptions in a criminal…
EvidenceProf Blog
Two Weeks Notice: Court of Appeals of Mississippi Finds Defendant Failed to Comply With Rape Shield Rule
By Colin Miller
Mississippi Rule of Evidence 412 generally precludes the admission of an alleged victim's past sexual behavior in a sexual assault case, subject to a few exceptions, including evidence of prior sexual…
EvidenceProf Blog
From Under the Shield: Court of Appeals of Texas Finds Rape Shield Rule Doesn’t Cover Alleged Victim’s Sexual Misconduct
By Colin Miller
Similar to its federal counterpart, Texas Rule of Evidence 412 states s in relevant part:(a) Reputation or Opinion Evidence. In a prosecution for sexual assault or aggravated sexual assault, or attempt to commit…
EvidenceProf Blog
Pages In Your Diary: Supreme Court of West Virginia Badly Errs in Deeming Diary Entries Admissible Despite Rape Shield Rule
By Colin Miller
A defendant is charged with second-degree sexual assault and related crimes after another individual and he allegedly commit sexual crimes against a 13 year-old victim. After the alleged crimes, the…
EvidenceProf Blog
eRape?: Should Courts Allow Rape Defendants to Discover the Google Searches of Their Victims?
By Colin Miller
Visit NBCNews.com for breaking news, world news, and news about the economyJennifer Bennett was beaten, choked, and raped by Thomas Bray at his condo. Upon returning to her home, “[s]he stood at…
EvidenceProf Blog
Under The Shield: Court Of Appeals Of Texas Finds Rape Shield Rule Doesn’t Cover Nonconsensual Acts, Still Rules Against Defendant
By Colin Miller
I have written before about court opinions concluding that rape shield rules cover only other consensual sexual acts by the alleged victims and not other nonconsensual sexual acts by alleged victims. In those posts, I…
EvidenceProf Blog
Under The Shield: Should The Rape Shield Rule Apply At Sentencing Hearings?
By Colin Miller
Federal Rule of Evidence 412(a), the Rape Shield Rule, provides thatThe following evidence is not admissible in a civil or criminal proceeding involving alleged sexual misconduct:(1) evidence offered to prove that…