Kansas Rape Shield Law
Experienced Olathe Sex Crime Attorney
Generally, rape shield laws are used to only try to protect the reputation
of the alleged victim by concealing unnecessary information about their
sexual history. This can include considering the past sexual interactions
between the victim and the accused inadmissable as evidence. As this might
seem unfair to someone accused of inappropriate sexual misconduct, especially
if the alleged victim has a lengthy scandalous past involving sexual activity,
there are ways to contest rape shield laws with an Olathe sex crimes attorney
from Martin & Wallentine, LLC.
Do not hesitate to
contact our firm today if you are facing rape accusations and believe rape shield laws
are stopping you from seeking justice.
Uphold Your Right to Defend Yourself in Court
As the defendant in a rape crime trial, you have a right to construct a
solid defense, but the court must first deem the evidence you use relevant
and important. Kansas Statute 21-3525 and 21-5502 specifically prohibits
the admission of evidence regarding the alleged victim’s previous
sexual conduct. The statue does instruct the procedure to attempt to bring
in such evidence, via motions, and private in camera evaluation by the
judge. Many attorneys see the legislature as a means to basically take
away the right to develop a real defense.
Other times, our Kansas appellate courts have allowed the victim’s
past history come into play, such as when the prosecutor opens the door
by discussing changes in the victim’s behavior. We recently discovered
a case where the appellate judge specifically stated that not allowing
relevant cross-examination for such evidence, even though it involves
a victim’s sexual history, violates the Confrontation Clause of
the United States Constitution. Despite this, it remains difficult to
get the evidence admissible because the courts have stated that the Kansas
legislature sent a strong message that the victim’s sexual past
is usually not allowed.
Turn to Our Olathe Sex Crimes Lawyers for Real Support
There are obvious benefits to rape shield laws but there are also clear
disadvantages and legal injustices that are brought about solely due to
them. At Martin & Wallentine, LLC, we believe that you should be able
to construct your defense as solidly as you can, even if this means using
evidence that makes someone uncomfortable. After all, justice is blind
and must not be influence simply by someone's embarrassment.
A truthful and complete defense of your rights can start today by requesting a
free case evaluation with our firm!