Topic
Rape Shield Rule
57 published works
EvidenceProf Blog
Can You Hear Me?: Court Of Appeals Of Texas Finds Failure To Hold In Camera Rape Shield Hearing Isn’t Reversible Error
By Colin Miller
Similar to its federal counterpart, Texas Rule of Evidence 412(c) provides that if a criminal defendant is trying to present evidence under an exception to the rape shield rule,the defendant must inform the…
EvidenceProf Blog
A Private Matter?: Military Court Opinion Reveals Problem With Military Rape Shield Rule
By Colin Miller
Federal Rule of Evidence 412(a), the federal Rape Shield Rule, provides that evidence of an alleged victim's sexual predisposition or other sexual behavior is inadmissible to establish her propensity to…
Legal Profession Blog
Reprimand For Rape Shield Law Violation
The Vermont Professional Responsibility Board has publicly reprimanded an attorney admitted in 2005. The attorney represented a criminal defendant through a contract with the public defender. The case involved charges…
EvidenceProf Blog
What Kind Of Right?: Court Of Appeals Of Michigan Finds Rape Shield Rule Vests Rights In Victims
By Colin Miller
MCL 750.520j, Michigan's rape shield statute, provides that:(1) Evidence of specific instances of the victim's sexual conduct, opinion evidence of the victim's sexual conduct, and reputation evidence of the victim's sexual…
EvidenceProf Blog
The Wonder State: Eastern District Of Arkansas Finds Serious Flaw With Arkansas’ Rape Shield Rule
By Colin Miller
This Court views the case as illustrating a serious flaw in Arkansas's criminal justice system, whereby Arkansas applies its rape shield statute in a broad and sweeping fashion without properly…
EvidenceProf Blog
Demonstrably Durable: Indiana Case Reveals Indiana Courts Still Recognize Demonstrably False Accusation Exception To Rape Shield Rule
By Colin Miller
"Under common law, evidence of prior false allegations of sexual misconduct is admissible if the allegation was demonstrably false and similar to that with which the defendant was charged, or…
EvidenceProf Blog
No M.O.: Court Of Appeals Of Minnesota Finds Trial Court Properly Excluded Victim’s Sexual History Under Rape Shield Rule
By Colin Miller
Minnesota Rule of Evidence 412(1)(A)(i) provides that(1) In a prosecution for acts of criminal sexual conduct, including attempts or any act of criminal sexual predatory conduct, evidence of the victim's previous…
EvidenceProf Blog
Invasion Of Privacy: Court Of Appeals Of Texas Finds Trial Court Properly Excluded Evidence Of Alleged Victim’s Prior Nonconsensual Sexual Acts Under Rape Shield Rule
By Colin Miller
Texas Rule of Evidence 412(a) provides thatIn a prosecution for sexual assault or aggravated sexual assault, or attempt to commit sexual assault or aggravated sexual assault, reputation or opinion evidence…
EvidenceProf Blog
Excepted Exception: Appeal Reveals Limited Applicability Of Minnesota’s Other Source Rape Shield Exception
By Colin Miller
Federal Rule of Evidence 412 is the federal rape shield rule, and Federal Rule of Evidence 412(b)(1)(A) contains the following exception to that rule:In a criminal case, the following evidence is…
EvidenceProf Blog
But It Was Only A Fantasy: North Carolina Opinion Reveals Troubling Exception To The State’s Rape Shield Rule
By Colin Miller
Rape shield rules prevent the defendant from presenting evidence regarding the alleged victim's other sexual behavior and sexual predisposition to prove that she consented to the sexual act at issue.…