Sex Crimes, Sex Offenders Rape Shield laws

[adomir]

I'm not really sure about the details of rape shield laws, or to which states they apply, and to what extent, but I still have a question about what little I know. Rape victims, I'm sure, much suffer a huge amount of trauma, and the legal process simply magnifies that pain. Not only is the rape victim forced into the same room as the criminal, but that criminal's lawyer then often abuses the victim, questioning harder than necessary, and furthering the victim's suffering. Because of this, as far as I know, rape shield laws are there to protect rape victims against quesitons pertaining to their sexual lifes, etc., so that defense attorneys can't go into the "consensual sex" arena when it was clearly rape just for the sake of distressing the victim. However, at the same time, how can rape shield laws be constitutional? Doesn't each defendant have the right to confront his or her accuser? Doesn't it increase the chance of an innocent man or woman going to prison if the defense attorney can't question the elements fully, or fully investigate the circumstances. Most of the time, rape shield laws seem practical, helpful, and humane, but in some cases, don't they simply undermine justice, and take the defendant's rights away from him or her? What's the legal justification for rape shield laws?

 

[JLM556]

They're supposed to help the victims

But in cases where the girl is just making stuff up, this practice hurts the guy every time.