Newsletter: October 2003: Ask the Alliance

Dear Alliance,
Recent news coverage of some high-profile rape cases have left me confused about rape victims’ rights when a rape case goes to trial.  Is there a law to protect victims’ anonymity?  What are rape shield laws, and how do they protect victims?
-Jane, Queens

Dear Jane:
Thanks for writing about a topic that is so timely.  To my knowledge, there is no law that prevents any media outlet from printing the name of a rape victim without her consent.  However, it has finally become common practice to not reveal the victim’s identity.  The idea behind it is not that a rape victim has anything to be ashamed of, but that each victim should have the right to choose how, when and to whom she will identify herself.

“Rape shield” laws are another matter entirely: these laws prevent defendants from introducing irrelevant, prejudicial information about the victim’s sexual history in a rape trial.  This law came into existence in New York State in 1975.  Judge Leslie Crocker Snyder, one of the co-authors of the state law, had the following to say about it: “The Rape Shield Law is an extraordinarily important tool to ensure that a rape victim can receive a fair trial.  It keeps the focus of the trial on the defendant and on relevant issues.  It ensures that a victim’s sexual history will not be exposed.  However, the law also allows that if there is a prior sexual history with the defendant and/or a few other narrow exceptions, the victim’s sexual history can become an issue at trial, subject to a pre-trial hearing and ruling.”

The Rape Shield Law helps to keep the victim blaming that continues in our society out of the courtroom.  This is essential if victims are to feel comfortable utilizing the criminal justice system after a sexual assault.

Sincerely,

Harriet Lessel, CSW
Executive Director  

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