NCJ Number
34293
Journal
Valparaiso University Law Review Volume: 10 Issue: 1 Dated: (FALL 1975) Pages: 127-167
Date Published
1975
Length
41 pages
Annotation
DISCUSSION OF THE PRESENT STATUS AND INHERENT PROBLEMS CONCERNING THE ADMISSION OF EVIDENCE OF THE RAPE COMPLAINANT'S PRIOR SEXUAL HISTORY IN RAPE TRIALS.
Abstract
THE RELEVANCE OF THE COMPLAINANT'S PRIOR SEXUAL BEHAVIOR TO ISSUES OF CONSENT AND CREDIBILITY IS CONSIDERED AS IS THE NECESSITY FOR EXCLUDING EVIDENCE WHICH IS SO INFLAMMATORY, PREJUDICIAL, OR CONFUSING AS TO OUTWEIGH ITS PROBATIVE VALUE. AN EVALUATION OF THE SCOPE, CONTENT, AND THE PROBABLE EFFECT OF THE CURRENT LEGISLATION CONCERNING THE EVIDENCE OF THE RAPE VICTIM'S SEXUAL HISTORY IS UNDERTAKEN. REMAINING PROBLEMS NOT REMEDIED WITH SUCH LEGISLATION ARE IDENTIFIED. IT IS CONCLUDED THAT MUCH EVIDENCE PRESENTLY ALLOWED IN RAPE TRIALS SHOULD BE EXCLUDED.