Legal Question in Criminal Law in Virginia
Defense attorneys asking sexual assault victim about sexual history
During a rape case, is a defense attorney allowed to question a 15 year old victim about her past sexual history or past sexual history with the perpetrator? If so, what can he/she ask?
2 Answers from Attorneys
Re: Defense attorneys asking sexual assault victim about sexual history
Virginia's version of rape shield law would normally prohibit this type of testimony from an alleged victim. (Back in 1997 when sportscaster Marv Albert went on trial in Arlington for sexual assault, the defense at trial was prevented from pursuing this line of questioning from the alleged victim.)
Re: Defense attorneys asking sexual assault victim about sexual history
I agree rape shield laws prevent evidence of the victims past sexual history, however if the history is with the accused, you can petition the court to admit that testimony since it tends to disprove the charge.
Good luck.
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