Rape Shield Laws and Kobe Bryant Case

             Colorado Rape Shield Laws and the Kobe Bryant Case
             Laws in forty-nine states limit the use of a victim's prior sexual history as an attempt to undermine the credibility of the victim=s testimony. Arizona is the only state that does not have these laws in place, which are referred to as rape shield laws. One state that has been surrounded by much controversy as of late is the state of Colorado with the notorious Kobe Bryant case.
             It was not until the 1970's that most states enacted the Rape Shield Law to ease the emotional burden of rape victims who testified in court. ALate in 1978, the United States Congress followed this trend and enacted Rule 412 of the Federal Rules of Evidence@ (Women's Issues). Rule 412 states that evidence used to prove the victim engaged in other sexual behavior, or evidence to prove any victim=s past sexual history, is generally inadmissible in any civil or criminal trials involving alleged sexual misconduct.
             This law may or may not be a good thing. If a lawyer tries to question victims about their sexual past, it will tend to humiliate them and make them want to drop the charges. If the victims know that they are going to be questioned about the number of people they have had sex with, how often they have sex, or what their preferences are, most people would not feel comfortable answering the questions, especially with family and friends in the courtroom supporting them. The defending attorney knows and loves this fact. If victims are humiliated and drop the charges, it is a win for the defense.
             On the other hand, it has been almost thirty years since the law was introduced. A lot has changed in those thirty years. People are a lot more open about sex and their sexual views. ADue to this and the increasing awareness of rape, there are some people who believe that the Rape
             Shield Law is no longer necessary and should be repealed. Some of these people believe that the rape shield law ...

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Rape Shield Laws and Kobe Bryant Case. (1969, December 31). In MegaEssays.com. Retrieved 07:57, March 28, 2024, from https://www.megaessays.com/viewpaper/10507.html