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Authors

Joan L. Brown

Abstract

This Note analyzes whether legislation analogous to rape-shield statutes should be enacted to limit testimony concerning the prior sexual history of a murder victim. The Note discusses the historical development of rape-shield statutes and the policies underlying their enactment, examines the constitutional of rape-shield statutes, and discusses the rationale behind state court decisions upholding the constitutionality of rape-shield statutes. The Note then considers whether existing law concerning the right of privacy and testimonial privileges may be construed to enable the family members of a murder victim to prevent the exposure of a deceased victim's sexual past. Based upon this analysis, the Note proposes legislation to extend the protection of rape-shield statutes to deceased victims of sex crimes.

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Criminal Law Commons

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