“Rape shield laws don’t work”

In “acquaintance rape” cases, especially, these laws unjustly deny defendants access to potentially exculpatory evidence. Yet they haven’t succeeded in protecting rape accusers’ reputations or right to privacy either, especially in runaway media events like the Kobe Bryant trial in Colorado: “high-profile rape trials allow the media to do far more damage than rape shield […]

In “acquaintance rape” cases, especially, these laws unjustly deny defendants access to potentially exculpatory evidence. Yet they haven’t succeeded in protecting rape accusers’ reputations or right to privacy either, especially in runaway media events like the Kobe Bryant trial in Colorado: “high-profile rape trials allow the media to do far more damage than rape shield laws ever tried to mitigate”. (Dahlia Lithwick (acting this month as guest columnist), New York Times, Aug. 8).

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