Topic
Rape Shield Rule
57 published works
EvidenceProf Blog
Protective Shield: Supreme Court Of Kentucky Finds Rape Shield Rule Precludes Evidence Of Victims’ Prostitution
By Colin Miller
Similar to its federal counterpart, Kentucky Rule of Evidence 412(a), Kentucky's rape shield rule, provides that(a) Evidence generally inadmissible. The following evidence is not admissible in any civil or criminal proceeding…
EvidenceProf Blog
Deborah Tuerkheimer’s Judging Sex & The En Banc Opinion That Reversed The Rape Shield Killing Ruling
By Colin Miller
Back in 2010, I posted an entry about the Sixth Circuit's opinion in Gagne v. Booker, 596 F.3d 335 (6th Cir. 2010), the (in)famous rape shield case in which the dissent accused the…
EvidenceProf Blog
It’s My Space, That’s Why They Call It MySpace: Court of Appeals of Texas Finds MySpace Comment Covered by Rape Shield Rule
By Colin Miller
A defendant is charged with various sexual crimes against the alleged victim, a 15 year-old. To support his defense, the defendant seeks to introduce into evidence a comment that the…
EvidenceProf Blog
Evidence: Rape Shield Rule Now Available For Free As Part Of The eLangdell Project
By Colin Miller
Recently, I've been working on some chapters for the eLangdell Project. The first of these chapters, covering the Rape Shield Rule, is now available here. You can download a PDF,…
EvidenceProf Blog
The Loss Of Sexual Innocence: Supreme Court Of Guam Finds Trial Court Erred In Limiting Cross-Examination Of Child Rape Victim
By Colin Miller
A defendant is on trial for criminal sexual conduct based upon acts that he allegedly committed against a 10 year-old victim. Previously, a forensic examination of the alleged victim revealed…
EvidenceProf Blog
Taking Exception: Is Evidence Of Prior Oral Sex By 15 Year-Old Victim Admissible In Prosecution Of 38 Year-Old?
By Colin Miller
A 38 year-old defendant is charged with four counts of sexual conduct with a minor, and it is undisputed that he engaged in four acts of oral sexual intercourse with the victim,…
EvidenceProf Blog
Going Unnoticed: Court Of Appeals Of Indiana Affirms Trial Court’s Rape Shield Ruling
By Colin Miller
Indiana Rule of Evidence 412(a)(3), an exception to Iowa's rape shield rule, states that evidence of an alleged victim's sexual history can be admitted if it is "evidence that the…
EvidenceProf Blog
The Only Exception: Arkansas Case Reveals Danger Of State’s Undifferentiated Rape Shield Exception
By Colin Miller
Like many state counterparts, Federal Rule of Evidence 412(a), the Federal Rape Shield Rule, precludes the admission of evidence of an alleged victim's prior sexual behavior/predisposition to prove her propensity to…
EvidenceProf Blog
The Oh In Ohio: Court Of Appeals Of Ohio Shockingly Concludes Rape Shield Rule Doesn’t Cover Nonconsensual Sexual Activity
By Colin Miller
We disagree with Michael to the extent that it stands for the proposition that the rape shield law has any application to prior sexual abuse suffered by a child victim. In construing…
EvidenceProf Blog
Unimpeachable: 7th Circuit Finds Evidence That Sauna Was Used As Place Of Prostitution Inadmissible Under Rape Shield Rule
By Colin Miller
Like all states, Wisconsin has a rape shield rule. Under Wisconsin's rule, WIS. STAT. Section 972.11(2)(b), in civil and criminal cases involving alleged sex crimes,any evidence concerning the complaining witness's prior…