ANSWERS: 10
  • Odds are good that unless prohibited by statute or a ruling from the bench, the defense will certainly do so if given the least opportunity by the prosecution.
  • I'm sure you CAN, but it shouldn't matter. Even prostitutes consent to the sex the engage in.
  • yes it is fair game. However the defense will more than likely argue that that has no bearing on the case and file a motion to suppress.
  • I doubt that it would hold up in court as it has no bearing on a past incident. Then you also would have the burden of proof even if allowed.
  • I think it will, If they are trying to get a conviction they will use what ever it takes get any previous convictions, it will be like a carater refrence so the jury can see just what a person is like.
  • From the National Center of Victims of Crimes: What are rape shield laws? Rape shield laws are statutes or court rules that limit the introduction of evidence about a victim's sexual history, reputation or past conduct. Every state and the District of Columbia has a rape shield law that applies in criminal cases; only a few extend such laws to civil cases. Many of these laws were adopted in the 1970s to combat the practice of discrediting victims by introducing irrelevant information about their chastity. What do rape shield laws do? Rape shield laws commonly bar the introduction of opinion and reputation evidence about the sexual history of the victim. They also typically provide that evidence of specific sexual conduct of the victim is presumed irrelevant unless it is direct evidence of the source of injury, semen, pregnancy, or disease that may be at issue in the case, or relates to specific sexual conduct with the defendant. Some rape shield laws also prohibit evidence of the victim's manner of dress. Eleven state rape shield laws have what is called a "catch-all" exception, which permits a judge to allow the introduction of any evidence, even that normally barred by a rape shield law, if it is necessary to introduce that evidence to protect the constitutional rights of the accused. Why are rape shield laws important to the criminal justice system? Rape shield laws guard against the introduction of evidence that is irrelevant to the question of the defendant's guilt or innocence, but which has the potential to prejudice the jury against the victim. ~~~~~~~~~ For more, including answers to: Why are rape shield laws important to victims? Do rape shield laws increase the chance that victims will report rape? Do rape shield laws prevent rape? please see http://www.ncvc.org/ncvc/main.aspx?dbID=DB_FAQ:RapeShieldLaws927
  • that is a question you should be discussing with a lawyer, however, the present and even past actions of a Victim are rarely if ever allowed as they are not on trial..Yet keep in mind that often the behavior of the accused past and present will be called up for review
  • It's not allowed, but shyster lawyers usually find ways to get around that restriction.
  • Hello Sandman,in a rape case everything is allowed,believe me,sadly a lot of it goes against the true victim.
  • no. it's called Rape Shield Laws. lawyers can do it but it's not admissable http://cyber.law.harvard.edu/cyberlaw2005/Rape_Shield_Laws_and_the_Sixth_Amendment http://www.law.state.ak.us/pdf/criminal/victims_rights.pdf

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