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Article
How the Confrontation Clause Defeated the Rape Shield Statute: Acquaintance Rape, the Consent Defense and the NJ Supreme Court's Ruling in State v. Garron
University of Southern California Review of Law and Women's Studies (2005)
  • James B Johnston, Seton Hall University
Abstract
Rape shield statutes are designed to limit a judge's discretion in allowing information about a rape victim's sexual past into evidence at trial. This is done to prevent dual victimization of the rape victim. First during the rape and then at trial. Despite rape shield protections the NJ Supreme Court ruled in State v. Garron that a victim's prior flirtations with the attacker, some of which occurred 6 years before the rape was admissible. The court overturned the attacker's guilty verdict and he went free. Advocates for rape victims rights were outraged. This article provides an analysis and critique of the Court's ruling and discusses the ruling's potential impact on rape victims past, present and future.
Publication Date
Spring 2005
Citation Information
James B Johnston. "How the Confrontation Clause Defeated the Rape Shield Statute: Acquaintance Rape, the Consent Defense and the NJ Supreme Court's Ruling in State v. Garron" University of Southern California Review of Law and Women's Studies Vol. 14 Iss. 2 (2005)
Available at: http://works.bepress.com/james_johnston/7/