Do you need this or any other assignment done for you from scratch?
We have qualified writers to help you.
We assure you a quality paper that is 100% free from plagiarism and AI.
You can choose either format of your choice ( Apa, Mla, Havard, Chicago, or any other)
NB: We do not resell your papers. Upon ordering, we do an original paper exclusively for you.
NB: All your data is kept safe from the public.
Rape shield laws are aimed at defending the victims from a sexual misconduct. According to these laws, sexual history and reputation of a victim should not affect the current prosecution for rape. They limit the ability of the defendant’s counsel to introduce the facts concerning the previous victim’s conduct as evidence for the particular trial. However, there are several exceptions for these laws that give defence attorneys an opportunity to get around them.
When the probative value of previous sexual behavior of the victim significantly outweighs the possible harm for the victim, the victim’s sexual history can serve as evidence for the trial. Such cases exist both in criminal and civil cases. According to the Rule 412(b)(I), there are three exceptions for criminal cases (Center for Innovation in Legal Education, 2012). First of all, it can be proved that the physical evidence came from someone else. Second, if the victim was previously in a sexual relationship with the defendant, an argument of a probable consent can be offered by an attorney. Third, the exclusion of evidence can violate constitutional rights of the defendant, such as the right of a criminal defendant to confrontation. For civil cases, there are also exceptions for which the probative value outweighs the danger and unfair prejudice towards the victim. According to the Rule 412(b)(2), if the victim has previously put their reputation to controversy and introduces the facts proving it, it can be brought as evidence in the case.
Crystal Mangum’s case of 2006 can serve as an example of false rape allegations. Crystal’s attorney has conspired false evidence with a DNA lab director (BBC, 2013). The evidence proved that Crystal, an exotic dancer, was raped. Thus, Rule 412(b)(I) could be applied in this case, if it was proved that the evidence was fabricated. The exceptions from the rape shield laws could have helped an attorney to prevent false accusation in a rape.
References
BBC. (2013). Duke lacrosse accuser Crystal Mangum guilty of murder. BBC News. Web.
Center for Innovation in Legal Education (2012). Evidence: Rape Shield Law, Part 2. [Video]. Web.
Do you need this or any other assignment done for you from scratch?
We have qualified writers to help you.
We assure you a quality paper that is 100% free from plagiarism and AI.
You can choose either format of your choice ( Apa, Mla, Havard, Chicago, or any other)
NB: We do not resell your papers. Upon ordering, we do an original paper exclusively for you.
NB: All your data is kept safe from the public.