Evidence: Rape Shield Rule
Colin Miller, John Marshall Law School
Pub Date: 2014
Publisher: CALI's eLangdell® Press
Conditions of Use
The chapter provides a concise overview of the Rape Shield Rule, contained in Rule 412 of the Federal Rules of Evidence. The Rape Shield Rule is aimed at preventing the admission of evidence concerning the sexual predisposition and behavior of an... read more
Succinct but comprehensive. Direct to the point; present the rape shield rule in practice. The old and new text of law are presented side-by-side for easy reference. Statements are well supported with cases of law. read more
Table of Contents
- I. Historical Background
- II. Rule 412(a)(1): The General Proscription
- III. Rule 412(b)(1): Criminal Exceptions
- IV. Rule 412(b)(2): Civil Exception
- V. Rule 412(c): Procedure for Admissibility in Criminal Cases
- VI. Rape Shield Pleadings
About the Book
The Rape Shield Rule, contained in Federal Rule of Evidence 412 and state counterparts is a Rule preventing the admission of evidence concerning the sexual predisposition and behavior of an alleged victim of sexual misconduct, subject to certain exceptions. Through a series of cases and hypotheticals drawn from actual cases, this chapter gives readers a roadmap for how to address any Rape Shield Rule issue in practice.
Faculty materials also available:
In addition to the free, open learning materials for students listed above, this eLangdell chapter includes a teacher's manual. Faculty and staff at CALI member schools can access these materials by logging in to eLangdell with a cali.org username and password. Contact CALI if you have questions.
About the Contributors
Colin Miller teaches Evidence, Criminal Procedure, Criminal Law, and Civil Procedure as a professor at John Marshall Law School, Chicago. He is the creator and Blog Editor of EvidenceProf Blog of the Law Professor Blogs Network. He is the Editor of Illinois Criminal Procedure and drafted a 100 page report comparing the Federal Rules of Evidence to Illinois evidentiary principles, which was used in the creation of the first Illinois Rules of Evidence.
Professor Miller received his B.A. degree with distinction from the University of Virginia and his J.D. (Order of the Coif) from the William & Mary Law School.