As a criminal defense attorney experienced in sex crimes, I often encounter clients facing rape charges who are unfamiliar with Indiana's Rape Shield Law. This article aims to explain this crucial piece of legislation and its impact on rape cases in our state.
What is the Rape Shield Law?
Indiana's Rape Shield Law, codified in Indiana Code § 35-37-4-4, is designed to protect alleged victims of sex crimes from having their past sexual conduct used against them in court. This law significantly restricts the types of evidence that can be introduced regarding an alleged victim's sexual history.
Key Provisions of the Law
1. **General Prohibition**: The law generally prohibits the admission of evidence of the victim's past sexual conduct, including opinion evidence, reputation evidence, and evidence of specific instances of the victim's past sexual conduct.
2. **Exceptions**: There are three main exceptions where such evidence may be admissible:
a. Evidence of the victim's past sexual conduct with the defendant.
b. Evidence which shows that some person other than the defendant committed the act upon which the prosecution is founded.
c. Evidence that the victim's pregnancy at the time of trial was not caused by the defendant.
3. **Procedural Requirements**: To introduce any evidence under these exceptions, the defense must file a written motion at least 10 days before trial, accompanied by an offer of proof. The court then conducts an in-camera hearing to determine admissibility.
Impact on Rape Defendants
The Rape Shield Law presents significant challenges for those accused of rape:
1. **Limited Defense Strategies**: The law restricts the ability to question the credibility of the accuser based on their sexual history, which was once a common defense tactic.
2. **Increased Burden of Proof**: With less ability to introduce evidence about the accuser's sexual past, defendants may face a higher burden in proving consent or mistaken identity.
3. **Careful Case Preparation**: Defense attorneys must be extremely thorough and strategic in preparing cases, as they need to work within the confines of the law to build a strong defense.
4. **Importance of Procedural Compliance**: Failing to follow the proper procedures for introducing allowable evidence can result in crucial information being excluded from trial.
Balancing Act
While the Rape Shield Law presents challenges for the defense, it's important to understand its purpose. The law aims to encourage reporting of sexual assaults and to prevent victim-blaming based on past sexual behavior. As defense attorneys, our role is to navigate these restrictions while still zealously advocating for our clients.
Conclusion
Indiana's Rape Shield Law significantly impacts how rape cases are defended in our state. If you're facing rape charges, it's crucial to work with an experienced criminal defense attorney who understands the nuances of this law and can craft a strong defense strategy within its framework.
At Massillamany Jeter & Carson LLP, we are committed to providing robust defense for our clients while respecting the legal protections afforded to alleged victims. If you have questions about a rape charge or any other criminal matter, please don't hesitate to contact our office for a confidential consultation at 317-576-8580.