Shield or Sieve? People v. Bryant and the Rape Shield Law in High-Profile Cases

Rape shield laws are evidentiary measures that aim to protect rape complainants' privacy and dignity by preventing the disclosure of damaging and irrelevant information about their sexual history at trial. More broadly, by defending complainants' privacy interests, these laws encourage the...

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Bibliographic Details
Published in:Columbia journal of law and social problems 2005-12, Vol.39 (2), p.185
Main Author: Haddad, Richard I
Format: Article
Language:English
Subjects:
Bryant, Kobe
Celebrities
Criminal law
Rape
Right of privacy
Trials
Victims rights
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Summary:Rape shield laws are evidentiary measures that aim to protect rape complainants' privacy and dignity by preventing the disclosure of damaging and irrelevant information about their sexual history at trial. More broadly, by defending complainants' privacy interests, these laws encourage the reporting of sexual assaults and further the prosecution of such crimes. As an evidentiary measure, however, the scope of the rape shield law is limited, and in high-profile cases, its protections can crumble under the glare of the public spotlight. This Note uses the case of NBA superstar Kobe Bryant to examine the operation and effectiveness of the rape shield law in cases involving celebrity defendants. It argues that the humiliation that his accuser suffered cannot be blamed on a failure of the rape shield law itself. Rather, the case highlights broader institutional deficiencies that often plague high-profile adjudications. Instead of targeting the construction of the rape shield law itself, effective reform should focus on curing these institutional deficiencies. [PUBLICATION ABSTRACT]
ISSN:0010-1923