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Legal Definitions - rape shield statute
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Definition of rape shield statute
A rape shield statute is a law that limits or prohibits the use of evidence about the past sexual conduct of a victim in rape or sexual assault cases. This law is designed to protect victims from being unfairly judged or blamed for their own assault.
For example, if a woman is raped and the defense tries to argue that she was promiscuous in the past, a rape shield statute would prevent that evidence from being used in court. This is because the woman's past sexual conduct is not relevant to whether or not she consented to the assault.
More than half of the states in the US have rape shield laws. These laws help ensure that victims of sexual assault are treated fairly in court and that their past sexual conduct is not used against them.
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Simple Definition
A rape shield statute is a law that prevents evidence about a victim's past sexual behavior from being used in court during a rape or sexual assault trial. This is to protect the victim from being unfairly judged or blamed for the assault. The law requires that any evidence related to the victim's sexual history must be reviewed by a judge before it can be used in court. This law helps ensure that the focus of the trial remains on the perpetrator's actions and not the victim's past.
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