Abstract
Recently enacted rape shield laws, which restrict the introduction of evidence of the complainant's prior sexual conduct, have engendered considerable controversy. This paper examines the responses of judges, prosecutors, and defense attorneys in six major urban jurisdictions to a set of hypothetical cases in which evidence of the victim's past sexual conduct is at issue. The different kinds of sexual history evidence evoke different responses from officials, and the specific provisions of the six rape shield statutes also affect officials' judgments.
| Original language | English (US) |
|---|---|
| Pages (from-to) | 137-161 |
| Number of pages | 25 |
| Journal | Criminology |
| Volume | 29 |
| Issue number | 1 |
| DOIs | |
| State | Published - 1991 |
| Externally published | Yes |
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ASJC Scopus subject areas
- Pathology and Forensic Medicine
- Law
Cite this
“THE LAW'S THE LAW, BUT FAIR IS FAIR : ” RAPE SHIELD LAWS AND OFFICIALS' ASSESSMENTS OF SEXUAL HISTORY EVIDENCE. / Spohn, Cassia; HORNEY, JULIE.
In: Criminology, Vol. 29, No. 1, 1991, p. 137-161.Research output: Contribution to journal › Article
}
TY - JOUR
T1 - “THE LAW'S THE LAW, BUT FAIR IS FAIR
T2 - ” RAPE SHIELD LAWS AND OFFICIALS' ASSESSMENTS OF SEXUAL HISTORY EVIDENCE
AU - Spohn, Cassia
AU - HORNEY, JULIE
PY - 1991
Y1 - 1991
N2 - Recently enacted rape shield laws, which restrict the introduction of evidence of the complainant's prior sexual conduct, have engendered considerable controversy. This paper examines the responses of judges, prosecutors, and defense attorneys in six major urban jurisdictions to a set of hypothetical cases in which evidence of the victim's past sexual conduct is at issue. The different kinds of sexual history evidence evoke different responses from officials, and the specific provisions of the six rape shield statutes also affect officials' judgments.
AB - Recently enacted rape shield laws, which restrict the introduction of evidence of the complainant's prior sexual conduct, have engendered considerable controversy. This paper examines the responses of judges, prosecutors, and defense attorneys in six major urban jurisdictions to a set of hypothetical cases in which evidence of the victim's past sexual conduct is at issue. The different kinds of sexual history evidence evoke different responses from officials, and the specific provisions of the six rape shield statutes also affect officials' judgments.
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UR - http://www.scopus.com/inward/citedby.url?scp=84984327827&partnerID=8YFLogxK
U2 - 10.1111/j.1745-9125.1991.tb01062.x
DO - 10.1111/j.1745-9125.1991.tb01062.x
M3 - Article
AN - SCOPUS:84984327827
VL - 29
SP - 137
EP - 161
JO - Criminology
JF - Criminology
SN - 0011-1384
IS - 1
ER -