A defendant is on trial for sexual assault. The defense seeks to introduce evidence that the alleged victim consented to sexual activity with the defendant on prior occasions. The prosecution objects, invoking the rape shield rule. Should the court allow this evidence?
Yes, because evidence of prior consent is relevant in sexual assault cases.
Yes, because prior sexual behavior with the defendant falls under an exception to the rape shield rule.
No, because evidence of prior consent is irrelevant in sexual assault cases.
No, because the rape shield rule prohibits evidence of a victim’s sexual history in this case.
Federal Rule of Evidence 412, the 'rape shield law,' typically prohibits the admission of evidence about a victim’s prior sexual behavior or predisposition in sexual misconduct cases. However, an exception exists when the evidence pertains to prior sexual conduct between the victim and the defendant, and it is offered to prove consent. In this case, the evidence focuses directly on interactions between the victim and the defendant and is therefore admissible under this exception. Other evidence concerning sexual behavior unrelated to the defendant would remain inadmissible because it lacks relevance to the specific exceptions allowed under the rule.
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What are the main purposes of the rape shield rule?
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How does prior consent play a role in sexual assault trials?