Hypothetical 3 Preston Gaddis is charged with rape, sexual assault, and indecent assault after allegedly throwing a 19 year-old woman onto the floor and raping her in his Pennsylvania home. At trial, Gaddis seeks to introduce evidence of the alleged victim's relationship with another woman to prove that the alleged victim was uncertain about her sexual preference and was using intercourse with him as an attempt to determine whether she was homosexual or heterosexual. He claimed that when the experience did not turn out the way that she expected, she leveled the charges of rape against him despite the sex being consensual. The prosecution opposes the introduction of this evidence, claiming that it was inadmissible under Pennsylvania's version of the Rape Shield Law. How should the court rule? See Colin Miller, Keystone Case: Pennsylvania Court Finds Evidence of Lesbian Relationship Inadmissible Under Rape Shield Law. EvidenceProf Blog (Jan. 24, 2008) . Prior Rules Language: Restyled Rules Language: (a) Evidence Generally (a) Prohibited Uses. The Inadmissible. The following following evidence is not evidence is not admissible in any admissible in a civil or criminal civil or criminal proceeding proceeding involving alleged involving alleged sexual sexual misconduct: misconduct except as provided in (1) evidence offered to prove subdivisions (b) and (c): that a victim engaged in other (1) Evidence offered to prove sexual behavior; or that any alleged victim (2) evidence offered to prove engaged in other sexual a victim’s sexual behavior. predisposition. (2) Evidence offered to prove any alleged victim’s sexual predisposition.
Hypothetical 3 Preston Gaddis is charged with rape, sexual assault, and indecent assault after allegedly throwing a 19 year-old woman onto the floor and raping her in his Pennsylvania home. At trial, Gaddis seeks to introduce evidence of the alleged victim's relationship with another woman to prove that the alleged victim was uncertain about her sexual preference and was using intercourse with him as an attempt to determine whether she was homosexual or heterosexual. He claimed that when the experience did not turn out the way that she expected, she leveled the charges of rape against him despite the sex being consensual. The prosecution opposes the introduction of this evidence, claiming that it was inadmissible under Pennsylvania's version of the Rape Shield Law. How should the court rule? See Colin Miller, Keystone Case: Pennsylvania Court Finds Evidence of Lesbian Relationship Inadmissible Under Rape Shield Law. EvidenceProf Blog (Jan. 24, 2008) . Prior Rules Language: (a) Evidence Generally Inadmissible. The following evidence is not admissible in any civil or criminal proceeding involving alleged sexual misconduct except as provided in subdivisions (b) and (c): (1) Evidence offered to prove that any alleged victim engaged in other sexual behavior. (2) Evidence offered to prove any alleged victim’s sexual predisposition. Restyled Rules Language: (a) Prohibited Uses. The following evidence is not admissible in a civil or criminal proceeding involving alleged sexual misconduct: (1) evidence offered to prove that a victim engaged in other sexual behavior; or (2) evidence offered to prove a victim’s sexual predisposition.
EvidenceRapeShield_Miller_Dec2014.docx