In the 1970's, under pressure from feminist activists, lawyers, and legislators, most states changed their rape laws to ease the emotional burden of rape victims who testified in court. They had found that, for many women, going through the legal process was as painful as the rape itself. No longer did a woman have to show up in the court with broken bones and missing teeth to be taken seriously. Rape shield laws prohibited lawyers from delving into the victim's sexual history. As a result, rape victims started coming forward, and not only those attacked by strangers, but those assaulted by coworkers, classmates, family members, and acquaintances.Victims often do not report a rape, largely because they fear overbearing hostile police, and fear of a trial ensuing vicious attacks on their character. Although false reports are no common than any other crime, justice system officials are highly skeptical of women who claim to have been raped by acquaintances. If the rape victim's conduct prior to the crime violated traditional sex-role norms, police commonly disbelieve her report or blame her for her rape. Many officials deny justice to women who have engaged in non-marital sex, or other "improper" behaviors, for example, such as drinking heavily, hitchhiking, or wearing sexy clothing (Byrden, Lengnick 5). There are only two exceptions to the rape shield law which is that evidence of the victim's past sexual conduct with the defendant can be admitted, but only if it is material to a fact at issue (generally consent). Another exception is when its inflammatory or prejudicial nature does not outweigh its probative value, meaning that what the defense is trying to prove does not put prejudices on the jury against the alleged victim. Finally, evidence of prior sexual activity with persons other than the defendant can be admissible only to show the source of pregnancy, semen, or disease (4). Most proposals to reform rape shield laws,...
