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rape shield law

   Also found in: Wikipedia 0.03 sec.
rape shield law
n.
A law that prohibits the defense in a rape case from cross-examination regarding the plaintiff's prior sexual conduct.


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The Supreme Court, in a unanimous decision written by Chief Justice James Hardesty, said the rape shield law Òis plain and unambiguous and applies only to criminal proceedings and not to civil actions.
The court cited New York's rape shield law, which does not allow the use of pseudonyms, as well as Federal Rules of Civil Procedure 10 (a), requiring "all parties" to be named, and 17(a), requiring that the "real party in interest" bring forth claims.
204) The majority found that despite the common law rule on the issue of consent and despite the rape shield statute's addition of a "prohibition of evidence of the complainant's 'reputation' in such matters," an older statute allowing a witness's prior criminal conviction to "affect [the witness's] credibility" should be allowed to "carv[e] out an extremely narrow exception" to the rape shield law.
 
 
 
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