Rape Shield Law

The rape shield law is a law that is used in prosecutions for rape or other sexual assault cases that protects the victims of the rapes or sexual assaults by preventing the defendants from introducing evidence of the victim’s sexual history to the judge or jury. The law is designed to put the defendant on trial for his or her act, not the victim of the crime. The rape shield law is said to shield the victim’s sexual history from being introduced at a trial because evidence of the victim’s sexual history is not that relevant, and if it were introduced, the jury might be distracted by such evidence. When a rape shield law applies in a criminal prosecution, the victim is protected from the emotional trauma of being questioned about his or her sexual history on the witness stand. If the victim knows that she will not be questioned about her sexual history, she is less likely to be humiliated and will be much more likely to report the rape and purse the rape charges.

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This information has been provided for informational purposes only and is not intended and should not be construed to constitute legal advice. Please consult your attorney in connection with any specific situation under federal and/or Louisiana law and the applicable state or local laws that may impose additional obligations on you and/or your family member. © 2019 Gaynell Williams LLC Attorney at Law.