Ellen and George had been dating for a few weeks when they decided to have intercourse. After the intercourse, Ellen broke up with George and testified that she had been raped. During the trial, George’s defense attorney wanted to bring in evidence that in a previous relationship, Ellen had intercourse with her significant other, then claimed he raped her after breaking up with him. Should the judge allow the jury to hear the evidence? Why or why not?
What will be an ideal response?
Rape shield laws prohibit the defense from introducing evidence or asking the victim about past sexual activity with individuals other than the defendant. However, in cases where a sexual interaction with another establishes a pattern, then the jury may hear the evidence. In this case, students must argue whether the evidence is directly relevant to the case in question. In general, past sexual activity is not allowed in order to protect the victim.
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a. True b. False
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a. True b. False Indicate whether the statement is true or false