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Rape Shield Laws

Can I bring up my accuser’s past sexual history?

Rape Shield Laws: Massachusetts, like all States, has a law that prohibits a defendant from raising a sexual assault victim’s past sexual conduct as part of the defense. Known as the Rape Shield Law, or Rape Shield Statute, the law is designed to protect the privacy of rape victims so they do not fear embarrassment and can come forward with legitimate claims of sexual assault. The law is intended to prevent a general credibility attack of a victim with evidence of his or her promiscuity. Said protections apply to child victims as well as adults.

The Massachusetts Rape Shield Statute is found at M.G.L.A. 233 § 21B, and states:

Evidence of the reputation of a victim's sexual conduct shall not be admissible in an investigation or proceeding before a grand jury or a court of the commonwealth…Evidence of specific instances of a victim's sexual conduct in such an investigation or proceeding shall not be admissible except evidence of the victim's sexual conduct with the defendant or evidence of recent conduct of the victim alleged to be the cause of any physical feature, characteristic, or condition of the victim; provided, however, that such evidence shall be admissible only after an in camera hearing on a written motion for admission of same and an offer of proof. If, after said hearing, the court finds that the weight and relevancy of said evidence is sufficient to outweigh its prejudicial effect to the victim, the evidence shall be admitted; otherwise not. If the proceeding is a trial with jury, said hearing shall be held in the absence of the jury. The finding of the court shall be in writing and filed but shall not be made available to the jury.

How can the Rape Shield Law impact my case?

Examples of Rape Shield Law in Action:

  • Evidence that victim had sexual intercourse with her boyfriend soon after victim had been raped was not admissible under rape-shield statute;
  • Evidence of 16-year-old victim's prior sexual conduct with her own boyfriend was not admissible on issue of victim's motive to fabricate;
  • In prosecution for aggravated rape, exclusion under rape shield statute of prior prostitution convictions of rape complainant were properly excluded under the rape shield statute when they were offered solely to impeach the complainant’s general credibility;
  • Defendant not permitted to introduce evidence of specific instances of complainant's prior sexual conduct with defendant;
  • Rape complainant's statements containing information about prior sexual assaults was properly excluded;
  • Evidence of victim's alleged prior false accusation of sexual misconduct was inadmissible in defendants' prosecution for rape;
  • Evidence properly excluded where the defendant's bias theory was too tenuous to be one that he was entitled to pursue on the record he presented
Are there instances where the Rape Shield Law does not apply?

Yes. In some instances, the rape shield statute may conflict with a defendant's constitutional right to present evidence, such as evidence that might lead a jury to find that a witness is lying or otherwise unreliable. In these instances, if the weight and relevance of the proffered evidence outweighs its prejudicial effect on a victim, the statutory prohibition can give way to the constitutional right to representation. In circumstances where a defendant seeks to admit evidence to demonstrate bias on the part of the victim, the defendant must make a plausible showing that the circumstances existed on which the alleged bias is based.

Exceptions:

  • Where evidence of a complainant's sexual conduct is relevant to show a motive to lie in prosecution for rape, the trial judge must determine whether the weight and the relevance of the evidence to the defense are enough to outweigh its prejudicial effect on the alleged victim to be admit such conduct under the rape-shield statute;
  • The rape shield statute does not apply to exclude evidence in the defense of incest charges;
  • Evidence of specific instances of prior sexual conduct may be admissible to show the bias of the witness and a possible motive for fabricating the allegations the defendant;
  • Defendant charged with rape was entitled to present testimony to show that he did not engage in natural sexual intercourse with victim because he had been told by a friend who had sexual intercourse with the victim that the friend had developed pubic lice, a venereal condition known as “crabs,” as result of the intercourse.

DelSignore Law is here to help: At DelSignore Law, we understand that sex crimes are confusing and can have an impact on your everyday life. We are happy to speak with you at anytime. Feel free to call or text us at 781-686-5924.

If you have questions about sex crimes and the defenses available to these types of cases, make sure to browse our website today!

Client Reviews
★★★★★
Michael was very professional and explained the process clearly and told us to be patient. After one year the charges got dismissed in the trial. Excellent knowledge of the court systems in the area of Boston. Would highly recommend him Ashwani
★★★★★
A careless decision on my part left me facing charges which would have severely hampered my ability to stay employed and support myself. But attorney DelSignore's skillful analysis and challenging of the evidence against me resulted in a conviction on a lesser charge. Now I'll be able to go on with my life, having learned a lesson I'll never forget. Thank you, Michael. Scott
★★★★★
Mike stuck with my case for 3.5 years and always kept me informed regarding the status. Ultimately, because of his due diligence, we ended up with an OUI not guilty verdict. This case could have gone many ways but his thorough review of the case and exceptional preparedness for trial ultimately drove a positive outcome. Thank you Mike! David
★★★★★
Michael DelSignore did an amazing job with my case! Either him or his partner Julie was always available to answer any questions I had and helped walked me through the entire process. I could not have done it without them! I highly recommend choosing this law firm to deal with your legal needs, you will not be dissatisfied. Ashley
★★★★★
I cannot express the gratitude towards both Michael and Julie for their amazing work and help. It was a very stressful event and they certainly put me at as much ease as possible. From start to finish it took 14 months and all the way through they were both very engaged with me. Today was worth the wait, Michael was great in court and I was rightfully found not guilty. I would recommend Michael and Julie over and over again. Claire
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