Victims often do not report a rape, largely because they fear overbearing hostile police, and fear of a trial ensuing vicious attacks on their character. Although false reports are no common than any other crime, justice system officials are highly skeptical of women who claim to have been raped by acquaintances. If the rape victim's conduct prior to the crime violated traditional sex-role norms, police commonly disbelieve her report or blame her for her rape. Many officials deny justice to women who have engaged in non-marital sex, or other "improper" behaviors, for example, such as drinking heavily, hitchhiking, or wearing sexy clothing (Byrden, Lengnick 5).
There are only two exceptions to the rape shield law which is that evidence of the victim's past sexual conduct with the defendant can be admitted, but only if it is material to a fact at issue (generally consent). Another exception is when its inflammatory or prejudicial nature does not outweigh its probative value, meaning that what the defense is trying to prove does not put prejudices on the jury against t...
... middle of paper ...
...s under certain special circumstance apply as mentioned earlier. Women should not have to fear that because she sleeps with multiple partners, or leads a life of prostitution, or if she dresses a certain way that she deserved to be work. The reality is that no one deserves to be raped, and rape shield laws strengthen makes this reality now even stronger.
Byrden, David P., Lengnick, Sonja. "The Journal of Criminal Law & Criminology".
Vol. 87. Issue 4, Summer97.
Gilbeaut, John. "Shield a Prosecution Sword". The New York Times. Vol.33. Issue 3.
January 24, 2000, 32.
Pennie, Mitchell. "Rape Law and Legislation". Herizons., Vol.13. Issue 1. Spring99,
Rohde, David. "Call for New Sex-Abuse Trial Said to Harm Rape Shield Law". The N New York Times. Vol.149. Issue 51743. December 23, 1999
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