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Rape Shield Rule

57 published works

  1. EvidenceProf Blog

    You’ve Got Mail: Eastern District Of Pennsylvania Finds Plaintiff’s E-Mails Admissible In Sexual Harassment Case Despite Rape Shield Rule

    By Colin Miller

    A woman sues her employer, claiming, inter alia, sexual harassment based on an arguably hostile work environment. Specifically, she claims that her superior stared at her breasts on two separate occasions…

  2. EvidenceProf Blog

    Rape Shield Redux: Supreme Court Of Nevada Finds Rule 26 Applies Where Rape Shield Law Doesn’t

    By Colin Miller

    Unlike its federal counterpart, NRS 50.090 -- Nevada's rape shield law -- only applies in criminal cases. Does that mean, however, that judges in civil cases are precluded from precluding discovery regarding a…

  3. EvidenceProf Blog

    Human Behavior: Eighth Circuit Construes Expressions Of Desire As “Sexual Behavior” For Rape Shield Purposes

    By Colin Miller

    Federal Rule of Evidence 412(a), the Rape Shield Rule, provides thatThe following evidence is not admissible in any civil or criminal proceeding involving alleged sexual misconduct except as provided in…

  4. EvidenceProf Blog

    Rape Shield Redux: Eighth Circuit Holds That District Court Properly Excluded “Other Source” Evidence In Rape Shield Appeal

    By Colin Miller

    Federal Rule of Evidence 412(a), the Rape Shield Rule, indicates thatThe following evidence is not admissible in any civil or criminal proceeding involving alleged sexual misconduct except as provided in…

  5. EvidenceProf Blog

    A Matter Of Credibility?: New Hampshire Case Involves Important Impeachment, Rape Shield Issues

    By Colin Miller

    An upcoming sexual assault trial provides a good illustration of the rape shield rule and a couple of rules of evidence dealing with the impeachment of witnesses. Hai Phuoc Tran, the…

  6. EvidenceProf Blog

    Passing Judgment: 10th Circuit Case Cites To 4th Circuit Case Allowing Immediate Appeal Of Rape Shield Ruling

    By Colin Miller

    The recent opinion of the Tenth Circuit in United States v. Hunter, 2008 WL 5062140 (10th Cir. 2008), sheds light on a Fourth Circuit opinion from 1981 with which I…

  7. EvidenceProf Blog

    Rape Shield Redux: Pennsylvania Judge Addresses Novel Question In Rape Shield Case

    By Colin Miller

    In an upcoming case in Pennsylvania, the defendant has raised one oft repeated argument that never finds success under the rape shield rule and one unique argument that I have…

  8. EvidenceProf Blog

    It’s My Space. That’s Why They Call It MySpace, Take 3: North Carolina Court Makes Erroneous MySpace Ruling In Rape Shield Case

    By Colin Miller

    I've already had the opportunity to address two opinions dealing with an issue that I think might divide courts in the near future:  Is evidence from a person's MySpace page…

  9. EvidenceProf Blog

    Shielded From Justice?: Court Of Appeals Of Mississippi Seemingly Reads Exception Out Of Rape Shield Rule

    By Colin Miller

    The recent opinion of the Court of Appeals of Mississippi in Goldman v. State, 2008 WL 4041284 (Miss.App. 2008), contains what seems to me to be a partially correct and…

  10. EvidenceProf Blog

    New Zealand’s New Rule?: NZ’s Justice Ministry Proposes Rape Shield Law

    By Colin Miller

    It looks as if New Zealand might be ready to join the United States and other countries in enacting a rape shield rule.  Currently, in rape case in the country,…