Given the nature of the sexual crime allegedly committed, the evidence that should be submitted to the jury based on rape shield regulations comprises the presence of a source for semen, disease, pregnancy, or an injury wound that the complainant attained (Anderson 54). Aside from this, there should be evidence of dialogue taking place between the petitioner and the respective defendant in order to express permission in a particular manner or to engage within a certain sexual activity at issue (Anderson 54). Additionally, there should be proof that the appellant is unbiased or motivated towards fabrication in order to feign a rape charge. Consequently, the evidence illustrating sexual history between the defendant and the complainant as well as other parties should be presented. In other instances such as this, which involve assault, evidence of former sexual assaults in reference to the victim/the accuser should be presented especially if related temporarily to the occurrence in question (Anderson 54). Undeniably, rape shield laws should focus on balancing the rights of the accuser as much as those protecting the accused. Usually, the plaintiffs in such situations tend to be overlooked or not gratified due to the nature of the respective laws (Anderson 54). In addition, such cases may impose bias on the jury hence forcing the respective group to resist from awarding a fair trial. For instance, in some situations, a representation of the accuser’s sexual history, which may highlight previous intimacy with the defendant, may pose a biased implication on the jury. On the other hand, sexual experiences prior to engagement in sexual intercourse may be less pertinent in terms of offering consent towards the act of penetration (Anderson 54). Hence, in this respect, fair rights will guarantee protection of the parties on both ends.
Anderson, M. J. “From Chastity Requirement to Sexuality License: Sexual Consent and a New Rape Shield Law.” George Washington Law Review 70 (2002): 51-162. Print.