Rape Shield Notice

When doing defense in criminal sexual conduct (CSC) cases, one technique that can assist in the litigation is the “Rape Shield Notice.” When accepted by the court, this notice will allow the sexual history of the complaining witness to be brought to the attention of the jury. According to the Michigan Rules of Evidence and the Federal Rules of Evidence, when someone claims to be a victim of a CSC, the question becomes whether or not their sexual history should come into admissibility. Michigan’s Rape Shield Statute (MCL 750.520 j) states: (1) Evidence of specific instances of the victim’s sexual conduct, opinion evidence of the victim’s sexual behavior, and reputation evidence of the victim’s sexual conduct shall not be admitted under sections 520b to 520g unless and only to the extent that the judge finds that the following proposed evidence is material to a fact at issue in the case and that its inflammatory or prejudicial nature does not…

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