Starting in the 1970's, most states in the U. began passing what are known as "rape shield laws." These laws state that a rape victim's reputation of sexual conduct shall not be admissible in court. The laws also say that it is unlawful to disclose the name of any individual identified as an alleged rape victim. The purpose of these laws is to protect rape victims from public scrutiny, however, there are unintended consequences of rape shiled laws. These laws have often kept juries from hearing evidence that is highly relevant to the case. Without this evidence, it is impossible for a judge or jury to make an informed decision about the guilt or innocence of the accused. .
Although the purpose of these laws is to protect women, they are actually giving automatic credibility to women who come forward with accusations of rape. These accusations can, in turn, ruin a man's life, whether or not they are found to be true. Excluding evidence of previous false rape charges by the accuser denies the accused a fair trial. Just as the backgrounds of victims and witnesses are taken into account in cases involving crimes such as homicide and assault, they should be considered in rape cases too. The credibility of the victim is an issue in every case except for those involving rape. .
United States courts are supposed to be based on equal justice, not on the advantage of the accuser. Being raped is a tragic ordeal, but so is being falsely accused. People who are accused of rape often have their names plastered all over the media. Even if they are found to be not guilty, the damage has already been done. Americans are afforded the liberty of being innocent until proven guilty, so it is unfair that people who have been accused of rape are open to public scrutiny while their accusers remain anonymous.
The only way to make rape shield laws fair is to make them apply to the accused as well as the accuser.
The underlying principle of the English system of law is equality for all. ... According to Stuart there was a perception of " a licence to rape existing in the community, sexual assault being a relatively "safe" crime for perpetrators to commit. ... (Law Reform Commission of Victoria 1991, p119, cited in Stuart 1992, p97). ... A phone-in survey conducted by the Real Rape Law Coalition (1991b, cited Stuart, 1993, p97) quoted one complainant as stating: " He threatened to kill me if I told anyone about the assault. ... Significant gains reforming sexual assault laws have resulted in the iss...
It was not until the eighteenth century that common law was applied to obscene material, as opposed to ecclesiastical law.(1) In essence the power was taken away from the church and given to the people. ... Because the church laws regarding the subject were strict and were written to uphold decency, and the common laws were written by men, who like all men have "urges", and this allowed for more liberality in the consuming of porn. ... Anti-censorship groups use the first amendment as a shield under which they hide when anyone tries to censor anything. ... Laws have been set up that proh...
These laws attempt to shield victims by preventing the press from acquiring their names. ... Florida's law was also amended and deemed unconstitutional. ... Wisconsin's law was first used in 1947 in the case of State v. ... The Capitol Times named the University of Michigan student, Janet Rosenblatt as the rape victim and her brother-in-law as the victim of murder. ... The Palm Beach County prosecutor charged the Globe for violating Florida's laws protecting the identity of rape victims. ...
Phelps, the Supreme Court of the United States addressed the issue of "whether the First Amendment shields the [Westboro Baptist Church] members from tort liability for their speech."... They held signs that said: "God Hates the USA/Thank God for 9/11," "America is Doomed," "Don't Pray for the USA," "Thank God for IED's," "Thank God for Dead Soldiers," "Pope in Hell," "Priests Rape Boys," "God Hates Fags," "You're Going to Hell," and "God Hates You. ... In compliance with local law enforcement instructions of picketing, their picketing took place on public land approximately 1,0...
She lives in an illusory world in order to shield her promiscuity, prompted by a very young marriage that ended in tragedy. ... Stanley Kowalski - Stella's domineering and possessive husband and Blanche's brother-in-law. ... Vengeful in nature, he becomes Blanche's nemesis, spoils her chance of a possibly happy marriage with his best friend, Harold Mitchell (Mitch), and rapes her himself. ... Climax: The climax of the play occurs when Stanley totally overcomes Blanche and rapes her, causing her to cross from tenuous sanity into insanity. ...
His tale starts at the age of ten when his family and village are destroyed and he and his cousin Diomache along with a blind slave Bruxieus flee into the mountains enduring horrible situations from the brutal rape of Diomache, the cruel torture he suffered at the hands of farmers after he attempted and failed to steal a goose and the death of Bruxieus. ...