Sex Offenses

Rape SHIELD LAWS are state statutes that restrict the admission of a rape victim's sexual history into evidence in rape trials. British and American common law routinely admitted evidence of a rape complainant's past sexual history. It was believed that this evidence could bear adversely on the complainant's credibility as a witness. In addition, courts adhered to the belief that if a woman had consented to sexual activities in the past, it was an indication that she was more likely to have consented to the sexual acts alleged.

Rape law reform gathered momentum in the 1970s and resulted in the enactment of rape shield laws in every jurisdiction in the United States in little more than a decade. Some states enacted special laws and other states amended their existing evidentiary rules to greatly restrict evidence of a rape victim's sexual history. However, there are several general exceptions in which such evidence is deemed relevant and thus admissible.

If the prosecution raises the issue of the complainant's physical condition, by arguing that the defendant was the source of pregnancy, sexually transmitted disease, or semen found on the complainant, the defendant may bring up the complainant's sexual history to show that another man was the actual source. Defendants may also introduce such evidence to show the complainant's MODUS OPERANDI (method of operating), most commonly used to demonstrate that the complainant regularly exchanged sexual favors for money; in other words, that she was known as a prostitute.

Another exception to most rape shield laws is using past sexual history of the complainant's sexual relations with the defendant to show that if she consented in the past, she was more likely to have consented on the occasion in which she alleges rape. Some states also permit evidence of prior sexual history to show that the defendant was informed of something that led him to believe that the complainant would readily consent to sex, thereby negating the defendant's mens rea (criminal intent) necessary to convict him. Past sexual history can also be introduced like any other evidence where it contradicts the witness's previous testimony, showing that the witness has been untruthful when testifying under oath.

Evidence that a complainant has previously fabricated sexual assault charges is also generally admissible to impeach the complainant's credibility as a witness. Finally, past sexual history may be admitted into evidence to show the complainant's motive to testify falsely. For example, a complainant may be trying to explain a pregnancy or hide the fact that she had sex with someone other than her boyfriend.