Rape shield rules exclude victims’ sexual history as irrelevant and unfairly prejudicial.

Evidence

Many rules of evidence are not so clear, however, and the prosecution and defense may differ on whether some testimony or physical evidence is admissible. For example, courts usually exclude testimony about a victim’s sexual history in rape trials, because it has no bearing on whether the crime was committed and may prejudice jurors’ consideration of the case. — G. Alan Tarr, Judicial Process and Judicial…, 1386

Categorization

  • XREF: Ties the fairness value to a concrete evidentiary doctrine balancing probative value against prejudice. — connects to: Rape of black women was ignored because they were seen as sexually permissive

Broader Connections