Kansas Rape Shield Law

Generally, rape shield laws are used to only try to protect the reputation of the alleged victim by concealing unnecessary information about their sexual history. This can include considering the past sexual interactions between the victim and the accused inadmissible as evidence.

As this might seem unfair to someone accused of inappropriate sexual misconduct, especially if the alleged victim has a lengthy scandalous past involving sexual activity, there are ways to contest rape shield laws with an Johnson County sex crimes lawyers from the Martin Law Group, LLC.

Uphold Your Right to Defend Yourself in Court

As the defendant in a rape crime trial, you have a right to construct a solid defense, but the court must first deem the evidence you use relevant and important. Kansas Statute 21-3525 and 21-5502 specifically prohibits the admission of evidence regarding the alleged victim’s previous sexual conduct. The statue does instruct the procedure to attempt to bring in such evidence, via motions, and private in camera evaluation by the judge. Many attorneys see the legislature as a means to basically take away the right to develop a real defense.

Other times, our Kansas appellate courts have allowed the victim’s past history come into play, such as when the prosecutor opens the door by discussing changes in the victim’s behavior. We recently discovered a case where the appellate judge specifically stated that not allowing relevant cross-examination for such evidence, even though it involves a victim’s sexual history, violates the Confrontation Clause of the United States Constitution. Despite this, it remains difficult to get the evidence admissible because the courts have stated that the Kansas legislature sent a strong message that the victim’s sexual past is usually not allowed.

Turn to Our Johnson County Sex Crimes Lawyers for Real Support

There are obvious benefits to rape shield laws but there are also clear disadvantages and legal injustices that are brought about solely due to them. At the Martin Law Group, LLC, we believe that you should be able to construct your defense as solidly as you can, even if this means using evidence that makes someone uncomfortable. After all, justice is blind and must not be influence simply by someone's embarrassment.