Why were rape shield laws created?
Rape shield laws were created to protect victims from humiliating and irrelevant cross-examinations during rape trials. By limiting the ability of a defendant’s counsel to introduce an accuser’s past sexual history as evidence, these statutes prevent victims from being unfairly discredited by information that is not pertinent to the defendant’s guilt or innocence.12
Historically, the difficulty of proving rape—a crime often lacking third-party witnesses—frequently led to the cross-examination of victims regarding their sexual history, which often resulted in their testimony being given less credence. Because this process caused significant psychological distress and humiliation, many victims chose not to report the crime or press charges. Consequently, rape shield laws were enacted to address these barriers to justice and to ensure that the legal system treats rape as a serious felony without subjecting victims to unnecessary trauma.12