Sexual Assault Case Study
Whether the alleged victim's prior sexual conduct was admissible under the rape shield law.
The court affirmed the exclusion of the prior sexual conduct evidence, finding that Virginia's rape shield law (§ 18.2-67.7) bars admission of the alleged victim's prior sexual conduct except in narrowly defined circumstances. The court held that the defendant had not established that the evidence fell within any of the statutory exceptions.
Virginia's rape shield law limits the use of the alleged victim's prior sexual conduct as a defense. However, the law contains important exceptions — including evidence of prior sexual conduct with the defendant and evidence offered to explain physical evidence. D.J. Rivera identifies and pursues every available exception to the rape shield law in sexual assault cases.
This case involves § 18.2-67.7 of the Virginia Code. For a full analysis of how this statute applies to your case, consult with D.J. Rivera.
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