Rape shield

Question 1

victim’s sexual behavior

Answer 1

NOT admissible to prove:
1. V engaged in sexual behavior
2. V’s sexual predisposition

BUT admissible to prove:

Question 2

rape shield exceptions

Answer 2

V’s sexual behavior admissible only when:

Criminal:
1. prove someone other than D was source of semen, injury, or other physical evidence
2. prove V’s consent
3. violates D’s constitutional rights otherwise

**Civil: **only if
1. probative value substantially outweighs unfair prejudice; AND
2. V puts her reputation at issue in some way
* scales weighed towards keeping out – must be really strong evidence
* two-pronged test (unlike 403)

Question 3

procedure for exceptions

Answer 3

1. parties must disclose intent to offer evidence to all parties in motions
2. describe its purpose, and
3. notify the victim 14 days (criminal) or 15 days (civil) before trial
4. court holds in camera hearing

Question 4

previous sexual misconduct evidence

Answer 4

1. P can offer evidence of D’s previous sexual misconduct