Proposed Rape Shield Statute Shields Victim’s History in Civil Cases
October 20, 2009 By Palumbo & Renaud
If passed, a new bill in New Jersey would change the current Rape Shield Law. A Rape Shield Law is a law that prevents a rape victim’s sexual history from coming into court under certain circumstances.
Under New Jersey’s present Rape Shield Law, the general rule is that a victim’s sexual history with people other than the defendant cannot come into court in criminal cases except in certain circumstances.
If the new bill is passed the law will change so that in civil cases, in order to use information about the victim’s sexual history as it relates to someone other than the defendant, the party seeking admittance would need to show good cause and that the evidence is material to proving that the semen or resulting condition of the victim (i.e. pregnancy or disease) was caused by someone other than the defendant.
This bill could make it more difficult for employers who are falsely accused of sexual harassment in the workplace to prove their innocence, and this is why. Normally in such cases, discovery and evidence is allowed on the fact that the sexual harassment was welcome, that the alleged victim involved herself in sexual activity in the workplace, and evidence concerning her sexual lifestyle. However, under the new bill, none of this evidence would be admissible unless it was material to proving that the semen or a condition resulting from the sexual activity was from someone other than the defendant.
Therefore, anytime an employer is accused of sexual harassment that does not involve semen in the alleged victim or a resulting condition, evidence of the victim’s prior sexual history will not be allowed in. Since sexual harassment charges can arise without such condition or semen, it may be much easier to convict an employer in those cases.
ABOUT THE AUTHOR: Anthony N. Palumbo
Anthony N. Palumbo is an attorney admitted into practice in the States of New Jersey, New York and Texas since 1970. His main focus of practice is trial work with emphasis on criminal law and municipal courts.He is a former County and Municipal Court Prosecutor in Union County, NJ, is presently a Public Defender and has a private criminal law practice.. He has both prosecuted and defended thousands of cases in various municipal courts in the State of New Jersey from Cape May to Mahwah. Mr. Palumbo is a member of a number of Bar Associations including the American Criminal Trial Lawyers' Association. He aggressively defends people accused of crimes such as Drug Offenses, Domestic Violence, Child Molestation Crimes, Sexual Offenses, Theft Crimes, Juvenile Offenses, Traffic Violations, Assault & Threat Crimes, DWI/DUI and all Municipal Court offenses.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
If the new bill is passed the law will change so that in civil cases, in order to use information about the victim’s sexual history as it relates to someone other than the defendant, the party seeking admittance would need to show good cause and that the evidence is material to proving that the semen or resulting condition of the victim (i.e. pregnancy or disease) was caused by someone other than the defendant.
This bill could make it more difficult for employers who are falsely accused of sexual harassment in the workplace to prove their innocence, and this is why. Normally in such cases, discovery and evidence is allowed on the fact that the sexual harassment was welcome, that the alleged victim involved herself in sexual activity in the workplace, and evidence concerning her sexual lifestyle. However, under the new bill, none of this evidence would be admissible unless it was material to proving that the semen or a condition resulting from the sexual activity was from someone other than the defendant.
Therefore, anytime an employer is accused of sexual harassment that does not involve semen in the alleged victim or a resulting condition, evidence of the victim’s prior sexual history will not be allowed in. Since sexual harassment charges can arise without such condition or semen, it may be much easier to convict an employer in those cases.
ABOUT THE AUTHOR: Anthony N. Palumbo
Anthony N. Palumbo is an attorney admitted into practice in the States of New Jersey, New York and Texas since 1970. His main focus of practice is trial work with emphasis on criminal law and municipal courts.He is a former County and Municipal Court Prosecutor in Union County, NJ, is presently a Public Defender and has a private criminal law practice.. He has both prosecuted and defended thousands of cases in various municipal courts in the State of New Jersey from Cape May to Mahwah. Mr. Palumbo is a member of a number of Bar Associations including the American Criminal Trial Lawyers' Association. He aggressively defends people accused of crimes such as Drug Offenses, Domestic Violence, Child Molestation Crimes, Sexual Offenses, Theft Crimes, Juvenile Offenses, Traffic Violations, Assault & Threat Crimes, DWI/DUI and all Municipal Court offenses.
Copyright Palumbo & Renaud
More information about Palumbo & Renaud
View all articles published by Palumbo & Renaud
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
