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Topic:

The Rape Shield Law

Essay Instructions:

For this forum assignment, go to your Cengage Mindtap Course and go to the activity, Chapter 7 You Decide Part I - Choose Your Path: Judicial Decisions on the Limits of Rape Shield Law.
In this scenario, you are a state trial court judge. First, answer the questions posed in the scenario.
Some have argued that rape shield laws violate the Sixth Amendment, which guarantees a criminal defendant the right to confront witnesses against him and the right to obtain witnesses in his own behalf. Critics of rape shield laws argue that a rape defendant is denied from offering evidence that is allowed in other types of cases. Supporters of these laws, on the other hand, justify any adverse consequences to the defendant by claiming that the state's interest in protecting rape victims is sufficiently important to overcome any constitutional objections.
After proceeding through the scenario, justify the choices you made as the judge. Did you allow Shaw's defense attorney to question E.B. and the nurse practitioner? Why or why not?

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Rape Shield Laws
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Rape Shield Law

The rape shield court rule, statute, or law limits the ability of the defendant’s counsel to introduce the sexual history of the accuser as part of evidence during a rape trial. The purpose of the law is to prevent the accuser’s alleged prior sexual conduct from discrediting the information provided during prosecution (Vining, 2019). In other words, the accuser's sexual history and conduct are not admissible in court because such information has no relevance to the defendant's innocence or guilt. Such information is also harassing and prejudicial on the part of the accuser. Often, defendants argue that shield laws violate their right to due process and the right to confront the accuser, which is a norm (under the law) in other court cases that do not constitute a conspiracy to rape, a rape attempt, or the actions of rape. ...

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