Rape Shield Laws and Kobe Bryant Case
Colorado Rape Shield Laws and the Kobe Bryant CaseLaws 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 oft
Mackey (Bryant=s defense lawyer) said the victim=s undergarments provided physical evidence that she had had sexual relations with other men in the days before the alleged attack@ (Bryant). 5, 18-6-301, 18-6-302, 18-6-403, and 18-6-404, if evidence, that is not excepted under subsection (1) of this section, of specific instances of the victim's or a witness' prior or subsequent sexual conduct, or opinion evidence of the victim's or a witness' sexual conduct, or reputation evidence of the victim's or a witness' sexual conduct, or evidence that the victim or a witness has a history of false reporting of sexual assaults is to be offered at trial, the following procedure shall be followed: (a) A written motion shall be made at least thirty days prior to trial, unless later for good cause shown, to the court and to the opposing parties stating that the moving party has an offer of proof of the relevancy and materiality of evidence of specific instances of the victim's or witness' prior or subsequent sexual conduct, or opinion evidence of the victim's or witness' sexual conduct, or reputation evidence of the victim's or witness' sexual conduct, or evidence that the victim or witness has a history of false reporting of sexual assaults that is proposed to be presented. If victims are humiliated and drop the charges, it is a win for the defense. Some of these people believe that the rape shield law keeps an accused rapist from receiving a fair trial and that the laws are discriminatory against men@ (Women's Issues). This representation must include the right to be heard and the right to appeal: all issues related to rape?shield and privacy rights. Everyone sympathizes with a woman when she has claimed to be raped. Women do not deserve to be forced to have sex, and whatever male does this should receive just punishment for his actions. (d) An in camera hearing may be held during trial if evidence first becomes available at the time of the trial or for good cause shown. The laws were intended as a kind?of legislative "kick in the head" for judges so they would stop ruling that a victim's sexual history was automatically admissible in a rape case (Crisis). Also, if the victim had a rape kit done at the hospital after the alleged incident and the only semen that was found was not that of the defendant, this may be brought up. For example, Colorado=s rape shield law (see Appendix A) basically states that a victim's prior sexual history is irrelevant. Like "Miranda" warnings, we need police to inform rape victims that the defense counsel may try to uncover personal information about them and that they have the right not to speak with defense counsel or anyone else regarding this information. Victim's and witness' prior history - evidentiary hearing(1) Evidence of specific instances of the victim's or a witness' prior or subsequent sexual conduct, opinion evidence of the victim's or a witness' sexual conduct, and reputation evidence of the victim's or a witness' sexual conduct shall be presumed to be irrelevant except:(a) Evidence of the victim's or witness' prior or subsequent sexual conduct with the actor;(b) Evidence of specific instances of sexual activity showing the source or origin of semen, pregnancy, disease, or any similar evidence of sexual intercourse offered for the purpose of showing that the act or acts charged were or were not committed by the defendant.
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