NCJ Number
79820
Journal
University of Illinois Law Review Volume: 1981 Issue: 1 Dated: (1981) Pages: 211-240
Date Published
1981
Length
30 pages
Annotation
The Illinois rape shield law is examined to determine whether it safeguards a defendant's constitutionally guaranteed right to confront prosecution witnesses and present favorable witnesses.
Abstract
The Illinois rape shield statute was meant to encourage rape reporting and prosecution by ensuring the maintenance of victims' sexual privacy. The statutory exclusion of evidence concerning victims' reputations for chastity or prior sexual behavior properly minimizes the risk of judging the victim rather than the accused in situations where reputation evidence or evidence of prior specific sexual acts bears little or no relation to the incident at issue. Nevertheless, the statute is too broad and excludes evidence which may be legally relevant in certain situations; i.e., if the complainant has had intercourse previously with the defendant or has had sex with a third party close to the time of the alleged rape. Exclusion of this testimony renders truly critical evidence inadmissible and thus truly infringes on the defendant's sixth-amendment rights. The legislature should amend the statute to allow for in camera determination of the probative value of the evidence and to permit admission of probative evidence to satisfy the defendant's constitutional rights of confrontation and compulsory process. With these changes in the statute, it should withstand constitutional attack. A total of 149 footnotes are listed.