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Exploring the Concerns: The Dangers of Rape Shield Rules in Criminal Trials

Posted by Kara Hoopis Manosh | Sep 15, 2023 | 0 Comments

In the criminal justice system, fairness and justice are paramount, not just for victims but also for defendants. While Rhode Island Rule of Evidence 412, commonly known as the Rape Shield rule, was introduced with good intentions, it has raised concerns about its impact on a defendant's ability to defend themselves. In this post, we'll explore the dangers associated with Rape Shield rules and the potential limitations they impose on a defendant's defense.

Understanding Rape Shield Rules

Rape Shield rules, including Rhode Island Rule of Evidence 412, are legal provisions aimed at protecting the privacy and dignity of alleged victims in sexual assault cases. These rules generally restrict the introduction of evidence related to the alleged victim's sexual behavior or predisposition, primarily to prevent character assassination and harassment during court proceedings.

The Dangers of Overly Restrictive Rape Shield Rules:

1. Infringement on the Defendant's Rights: Critics argue that strict Rape Shield rules can infringe on a defendant's constitutional rights, including their right to present a complete defense. When evidence that may be relevant to the case is excluded, it limits the defendant's ability to challenge the prosecution's claims effectively.

2. Impact on Establishing Consent: In some cases, evidence of the alleged victim's prior sexual behavior or history may be relevant to establish the issue of consent, a critical element in sexual assault cases. Overly restrictive Rape Shield rules can hinder the defendant's ability to present evidence that supports their defense.

3. Prejudice and Unfair Trials: While the intention is to prevent unfair prejudice against alleged victims, strict application of Rape Shield rules can lead to unfair trials for defendants. It may prevent them from presenting evidence that could significantly impact the outcome of the case.

4. Chilling Effect on Defense Witnesses: Defense witnesses, particularly those with knowledge of the alleged victim's past behavior, may be discouraged from testifying due to concerns about violating Rape Shield rules. This could further limit the defendant's ability to present a robust defense.

Balancing Rights and Protections:

Finding the right balance between protecting the rights and dignity of victims and ensuring defendants receive a fair trial is a complex challenge. An experienced defense lawyer will file the appropriate motions, and then strategically argue in support of the relevant evidence.  It is not enough to make a half-hearted attempt - these cases can be proven by the allegation alone (if the person making the allegation is believed beyond a reasonable doubt).  That is why it is absolutely critical to do everything possible to challenge the credibility of the person making the accusation.  

Conclusion: A Delicate Balance

The dangers of overly restrictive Rape Shield rules in criminal trials are a legitimate concern for defense attorneys, as they can limit a defendant's ability to present a comprehensive defense. Defense lawyers must be vigilant about protecting their client's rights at trial, and making strong arguments to admit the evidence that will help a jury to see the entire truth. 

About the Author

Kara Hoopis Manosh

Attorney Manosh has dedicated her entire career to defending the rights of the criminally accused. She has handled thousands of cases, appearing in every courthouse in the State of Rhode Island.


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