In the state of New York, when a defendant is charged with rape, the defense attorney is prohibited from questioning the rape victim about his or her sexual history. This rule is called the rape shield law, and it prohibits juries from hearing evidence about a victim’s previous sexual acts unless the evidence shows that the defendant and the victim previously engaged in sexual activity. While there are a few other limited exceptions to the rule, the rule generally aims to keep jury members from making assumptions about rape victims that are irrelevant to the specific charges at hand.
In a June 2024 case before a New York appellate court, the defendant argued on appeal that he should have been able to question the victim (sometimes called the “complainant”) about her sexual history during cross examination. According to the defendant, it was relevant to open up this line of questioning in order to show that the complainant had engaged in sexual activity with other individuals. These other individuals, said the defendant, might have given her the physical injuries she claimed were due to the defendant’s rape.
The trial court prohibited the defendant from asking about the woman’s previous sexual history. On appeal, the higher court affirmed the trial court’s decision, concluding that the defendant’s theory that the woman’s injuries came from other sexual interactions was “purely based upon rumor and speculation.” This, said the court, was not a good enough reason to go against the rape shield law protecting the complainant from having to offer testimony about her sexual history.
In general, courts are hesitant to allow any questioning of an individual’s sexual history when that individual alleges that he or she was raped. If you have been charged with a sex crime, you will need an attorney that can come up with creative and aggressive ways to prove your innocence. Fighting these kinds of cases can be tough, but with an experienced and knowledgeable attorney by your side, you can give yourself the best possible chance at achieving a favorable outcome.
Do You Need a New York Sex Crimes Attorney for Yourself or a Loved One?
At Tilem & Associates, we are proud to offer client-centered, aggressive defense for the accused in New York. Our team has traveled throughout the state of New York to combat the allegations that our clients face. Should you elect to hire us, you can rest assured that we will thoroughly investigate your case and relentlessly fight the evidence presented against you. No case is too big or small, and no legal matter is too complex for us to tackle it head on.
For a free and confidential consultation with a New York sex crimes attorney from our firm, you can reach us at 877-377-8666. You can also fill out our online form to tell us about your case and have a member of our team reach back out as soon as possible regarding next steps. Our firm covers DWI/DUI, drug, assault and battery, theft, firearms, and violent crime cases.