Rape Shield Laws

RSLs are laws that typically bar the sex life of an alleged assault victim from being admitted as evidence. Now, I know women’s rights groups love them, but I’m not sure I agree with them as a blanket policy for all accusations of rape. I think the victim’s sexual activity at or around the time of the accused rape should be admitted if there is a possibility that the victim’s activities could affect the defendant’s freedom. If a victim is going to make such a serious accusation against someone – and subject them to a possible long-term prison sentence – then I think that any sexual activities in which the victim engaged at or around the time of the alleged rape, should be admitted. It's a fair price to pay for such a serious accusation.

For example, in the Kobe Bryant case, I think it was a good thing that the judge allowed the girl’s sex life to be admitted. The judge ruled that the victim’s sex life in the three days surrounding her encounter with Bryant could be admitted as evidence, which may have bolstered the defense’s contention that she slept with someone after leaving Bryant and before she went to a hospital exam - a potentially key blow to her credibility.

Case in point.