Legal Question in Criminal Law in Virginia

In a rape case, how far can defense attorneys go w/ quesitoning victim's sexua..

Hi, I asked a question about defense attorneys questioning a 15 year old sexual assault victim about her past sexual history about two days ago, and I appreciate your quick responses. There are a couple perpetrators involved in my case. How far can the defense attorneys go with their questions about my past sexual history with the perpetrators? And can each attorney only ask about their own client...or are they allowed to ask about the other perpetrators? Please reply as soon as possible, thank you.


Asked on 11/09/06, 5:22 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: In a rape case, how far can defense attorneys go w/ quesitoning victim's sexua..

As I answered before, if you are the alleged victim in this alleged sexual assault case, defense counsel are not permitted to ask any questions of you regarding your past sexual history(escapades?)----either with the alleged perpetrators or whomever---for the reason previously stated.

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Answered on 11/09/06, 5:36 pm
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: In a rape case, how far can defense attorneys go w/ quesitoning victim's sexua..

To answer your question, I think it is important that you read the law. It is long and somewhat complicated but it does answer your concern. Your prior sexual experiences can be used if a judge allows it.

Please read Virginia Code Section 18.2-67.7. Type "Virginia Code" in a web browser and then type in the Code Section I just mentioned.

I will say that most judges don't like using it and remember it can only be questioned if the judge admits it after a special hearing called just for him to rule on that issue.

I hope this helps. Good luck.

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Answered on 11/09/06, 9:34 pm


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