Abstract
Rape shields are rules of evidence intended to protect the privacy interests of a rape victim at trial by restricting or prohibiting the use of evidence relating to her' sexual history. Generally, these rules categorically exclude evidence of the victim's reputation for chastity' and restrict the presentation of evidence relating to her "past acts." Forty-eight states and the federal government have enacted rape-shield laws and one state has created equivalent pro-tection through judicial pronouncement. Although the specific lawsdiffer in application and restrict the admissibility of evidence in varying degrees, they share two common features. The statutes represent an expression of policy that the legal system should respect the privacy of a rape victim and not force her to endure more violence in the courtroom, yet at the same time they restrict, to some degree, the defendant's ability to present his defense.
Recommended Citation
Morgan, Jr., Jack M.
(1993)
"Michigan v. Lucas: Rape Shields,
Criminal Discovery Rules, and the
Price We Pay in Pursuit of the Truth,"
Utah Law Review: Vol. 1993:
No.
2, Article 6.
Available at:
https://dc.law.utah.edu/ulr/vol1993/iss2/6