NCJ Number
115043
Journal
Wisconsin Law Review Volume: 1985 Issue: 5 Dated: (1985) Pages: 1219-1272
Date Published
1985
Length
54 pages
Annotation
Some of the evidence excluded by the rape shield laws that restrict the admission of evidence concerning the prior sexual conduct of a sexual assault complainant is highly probative, but its exclusion is almost always constitutionally justified.
Abstract
Most rape shield laws specify the limited circumstances under which sexual conduct evidence can be admitted. Although the exclusions of sexual conduct evidence are not constitutionally justified, the laws are nevertheless constitutional on their face. Judges must carefully consider each case to recognize when sexual conduct evidence is so probative that to exclude it under the authority of a rape shield statute will result in the statute being unconstitutional as applied. The best way of determining whether admission is required by the Constitution is to apply the jurisdiction's standard rules of evidence to the proffered sexual conduct evidence. Because standard rules of evidence are premised on general principles developed over many years, exclusions of evidence under those rules are almost always constitutionally justified. 209 footnotes.