Rape Shield Laws



Abstract

In this study we try to explore the answer to the question that should a judge be permitted to admit evidence about an alleged rape victim's history as a prostitute or not. Light will be thrown upon different aspects surrounding to the question in order to develop an effective and practical knowledge of the subject.

Table of Contents

Abstractii

Introduction1

Discussion3

Importance3

Expansion of Rape Shield Laws5

Related Cases6

Time Line8

1970s8

19789

19999

20039

Rape v/s Sexual Assault10

Blurred Boundaries11

Conclusion12

References14

Rape Shield Laws

Introduction

Rape tends to be interpreted as a forced sexual intercourse upon someone by violence, coerced under criminal activity. However, as the time has evolved the definitions attached to rape has also with time. The United Nations defines rape as any form of sexual intercourse without the consent. In the context of the twenty-first century, rape is a crime under the framed legislations and tends to bar the criminal under different sections depending upon the nature of the law which stands to be enacted upon him or her. Before moving further in the context of the paper the fact needs to be kept in mind that rape has not always been punished and even today rape tends to be tolerated, if not legally defined. Even when it is recognized as a crime, it is not always defined by the violation of the victim's consent. In modern times, rape by physical force is disapproved in most societies. Moreover, in many countries the legal status of rape and the treatment that justice provides to victims has evolved. The treatment which the law provides to the victims and the criminal of such a crime tends to be different based upon the culture of the country. In most of the countries it is met with strict resistance whereas, on the other hand it escapes all control and any penalties. Legislation is often flawed and sometimes nonexistent or lacks the uniform implementation (Farb & Thomson, 1986).

Even in the modern world, only 16 countries have laws that refer specifically to sexual assault. But even with appropriate legislation, no country applies the law in its true sense. Despite of the laws framed to punish the offenders, rape too has been used by many to suit their own needs. Since Rape has been used by many in order to achieve the set purposes, therefore time has managed to formulate a policy relating to the intention of both the offender and the victim. Thus, many experts re of the view that rape shield laws have served the purpose to quite an extend. Whereas, the others still tends to raise questions on the merits of the rape shield laws. Before moving further in the paper, the fact needs to be understood that Rape shield laws are statutes or court rules that mostly date from the 1970s and are virtually universal today. Most states adopted shield provision laws as part of the more general reform of rape laws. The rationale for reforms originated from feminists, social scientists, and legal scholars, who stated that laws and rules of evidence unique to rape encouraged ...