Understanding the Rape Shield Law and How It Protects the Accused

If you are facing accusations of rape, sexual histories may be relevant to your case, but the rape shield law may prevent you from having it introduced in your defense. An experienced Indianapolis criminal defense lawyer from The Criminal Defense Team can review your case and explain how this law applies to your particular situation. 

What Is the Rape Shield Law?

The rape shield law prevents the introduction of evidence presented in certain criminal cases based on a person’s sexual history. The rape shield law for state cases is incorporated in Indiana Code § 35-37-4-4. According to this law, in the prosecution for rape and certain other enumerated sex crimes, evidence of past sexual history cannot be introduced or referenced to the jury, including:

• Evidence of the victim’s past sexual conduct
• Evidence of the past sexual conduct of a witness other than the defendant
• Opinion evidence of the victim’s past sexual conduct
• Opinion evidence of the past sexual conduct of a witness other than the defendant 
• Reputation evidence of the victim’s past sexual conduct
• Reputation evidence of the past sexual conduct of a witness other than the accused 

This law is intended to protect the privacy of the victim and certain other individuals when cooperating with a sex crime investigation. 

Exceptions to the Rape Shield Law 

Even though sexual conduct evidence cannot be presented in most situations, Indiana law does allow the introduction of such evidence to show:

• The victim’s past sexual conduct with the defendant
• The witness’ past sexual conduct with the defendant 
• A specific instance of sexual activity shows that someone other than the defendant committed the act that the prosecution is founded upon
• The victim’s pregnancy at the time of trial was not caused by the defendant
• The witness’s credibility is impeached by showing prior felony convictions

How an Experienced Lawyer Can Help with Rape Shield Law Issues

Even if former sexual activity is relevant to your case, you should not expect for it to be easily admitted by the court. You must be able to show that the evidence is material to a fact at issue and that its probative value is greater than its inflammatory or prejudicial nature.

Your lawyer must follow strict rules to offer such evidence at trial and participate in a separate hearing to show why this evidence is crucial to your defense. 

Your lawyer can argue your case, make necessary objections, and prepare legal motions to advocate for you. If your attorney’s motion to present evidence covered under Indiana’s rape shield law is granted, your lawyer must adhere to the parameters established in the court’s order and must request that any new evidence that is discovered can be introduced before introducing it at trial. 

Contact The Criminal Defense Team for Dedicated Legal Assistance 

If you have been accused of rape and want to know how the rape shield law might apply to your case, our Indianapolis rape defense lawyer from The Criminal Defense Team of Baldwin Perry & Wiley PC is here to help. Contact us at (317) 743-3295 for a free and confidential consultation.