Rape Shield Statutes

Paper Summary:

This paper contends that rape shield statutes should exist and be enforced to protect the rape victims from unnecessary harassment in court and increase the chances of conviction. Rape shield laws are designed to protect women from defense attorneys who attempt to introduce irrelevant evidence of a victim s past sexual conduct (Barrett, 1987, p. 57; Bachman & Paternoster, 1993, p. 557).

From the Paper:

"This paper contends that rape shield statutes should exist and be enforced to protect the rape victims from unnecessary harassment in court and increase the chances of conviction. Rape shield laws are designed to protect women from defense attorneys who attempt to introduce irrelevant evidence of a victim s past sexual conduct (Barrett, 1987, p. 57; Bachman & Paternoster, 1993, p. 557). They have been created to overcome the overwhelming court bias against the victims and their prosecutors. For example, the notorious instructions of Matthew Hale, Lord Chief Justice of the Bench, have cast a shadow over the attempts of the victims and their prosecutors to win their cases: rape is an accusation easy to be made, hard to be proved, and harder to be defended by the party accused though ever so innocent (qtd. in Bachman & Paternoster, 1993, p. 557)."

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