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The Sexual history of a rape victim is not relevant in her rape case

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Added on  2020-12-22

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This report explains why the sexual history of a rape victim is not relevant in her rape case. It discusses laws that limit and restrict judges from using complainant's’ sexual history as evidence for judging the case, and how everyone has the right to defend their personal identity.

The Sexual history of a rape victim is not relevant in her rape case

   Added on 2020-12-22

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Running head: THE SEXUAL HISTORY IS NOT RELEVANT IN RAPE CASES1The Sexual history of a rape victim is not relevant in her rape caseAibakhtBissenova (B1700795)Jonathan Ha HengSeng (B1700110)SanjuktaPerumalSamy (B1702358)HELP University
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THE SEXUAL HISTORY IS NOT RELEVANT IN RAPE CASES2OutlineI.IntroductionA.OpenerB.Thesis statement: The sexual history of a rape victim is not relevant in her rape case.II. Premise 1: The sexual history of a rape victim is only relevant if it is within the victimand rapist.A.Exceptions under Rule 412B.Reputation is unacceptableIII.Premise 2: Women have right to not give consent on sexual activities.A.Questioning about women’s character.B.The proof a characterC.The case of Kobe BryantIV.Premise 3: Not revealing the sexual history of a woman it protects her identity and helpsdefend herself against scrutinization.A.Identity protectionB.Equal right protectionV.Counterargument: Youth Justice and Criminal Evidence Act 1999 stated that the rapevictim’s sexual history is relevant when judging the case.A.Under case R v A1. Rape victim’s sexual history had been admitted2. Juries and judges can use it as evidenceRefutation: Rape Shield Law.A.Prevent defendant from introducing the rape victim’s sexual historyB.Cannot introduce evidence of the rape victim’s bad character for chastity as tending to prove consentV.Conclusion
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THE SEXUAL HISTORY IS NOT RELEVANT IN RAPE CASES3The sexual history of a victim is not relevant in her rape caseThere were efforts made to protect rape victims from the humiliation of public disclosureof the details of their prior sexual activities in the last few years. In other words, the legislatureshad passed shield laws restricting a criminal defendant's ability to present to the jury evidence ofpast sexual history. However, the literature of the last few years had encouraged these laws andattempted to justify any adverse consequences to the defendant by claiming the state's interest inprotecting rape victims is sufficiently important to overcome any constitutional objection(Tanford&Bocchino, 1980). Through careful research, there were points to support that thesexual history of the rape victim was not relevant to her rape case, for instance one of the pointswas that various laws supported this statement which will be further explained later in this report. The sexual history of a rape victim is not relevant in her rape case because it is onlyrelevant if it is within the plaintiff and the accused according to exceptions under rule 412 (Jeff,2009). This kind of evidence is acceptable because preliminary agreement from a plaintiff to theaccused. Therefore, this evidence should be used only if the plaintiff is consented. For example,the sexual history between the plaintiff and the accused is irrelevant if the accused denies anysexual activity took place. Furthermore, evidence of the victim’s prior sexual history isacceptable only when it concerns the accuser but when it comes to the sexual history of thevictim with other people, it should not concern the court as it is irrelevant. It does not follow thatevery factor of that sexual history of a victim and an accuser must be agreed even if an accusedis entitled to introduce evidence of the plaintiff’s primary sexual history with him. The evidencemay be limited to that which is relevant to the consent issue; excess details of the sexual activitythat serve no purpose but to humiliate or embarrass the plaintiff may be excluded. When theaccused is charged with a single sexual assault, the plaintiff may testify that the accused
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