Review the example with Alex and Brandy in "Example of Rape Intent". Assume that the jurisdiction in which the example takes place has a rape shield law. If Alex is put on trial for the rape of Brandy and he decides to pursue a consent defense, Alex would not be able to introduce evidence of Brandy’s sexual history with other men unless he receives approval from a judge in an in camera hearing before the trial.
LAW AND ETHICS
Should the Media Be Permitted to Publish Negative Information about a Rape Victim?
In 2003, Kobe Bryant, a professional basketball player, was indicted for sexually assaulting a nineteen-year-old hotel desk clerk. A mistake by a court reporter listed the accuser’s name on a
court website. 1 The court removed the victim’s name after discovery of the mistake, but
the damage was done. Thereafter, in spite of a court order prohibiting the publication of the accuser’s name, the media, including radio, newspaper, Internet, and television, published the
accuser’s name, phone number, address, and e-mail address. 2 Products like underwear, t-shirts, and coffee mugs with pictures of the accuser and Bryant in sexual
positions were widely available for sale, and the accuser received constant harassment, including death threats. 3 Although the Colorado Supreme Court ordered pretrial in camera transcripts of hearings pursuant to Colorado’s rape
shield law to remain confidential, an order that was confirmed by the US Supreme Court, 4 the accuser was subjected to so much negative publicity that she eventually refused to cooperate and the
prosecution dropped the charges in 2004.
1. Do you think rape shield lawsshould include prohibitions against negative publicity? What are the
constitutional ramifications of this particular type of statutory protection?
Check your answer using the answer key at the end of the chapter.
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