law

TTTBE #34: Early Answer for Patrons!

Added 2017-07-30 22:45:23 +0000 UTC

So let's get this out of the way first: Thomas got the answer correct ("C"), and is now 17-for-34 and back at .500 for the first time in several months! I can think of no better birthday gift for the best co-host in the known universe.

This question tested your knowledge of the so-called "rape shield" law, Rule 412 of the Federal Rules of Evidence, which provides that sexual behavior and/or predisposition evidence is generally not admissible in court.

Answer "A" -- that the law explicitly permits evidence of a victim's sexual predisposition -- is thus exactly wrong. The law has never specifically permitted this type of evidence.

Answer "B" -- that the evidence may be "helpful" to the jury -- is actually one of the rationales used for previously admitting this type of evidence prior to 1978, and so would have been correct if Thomas were taking the bar exam 40 years ago. Thankfully, it's not the case today.

Answer "D" is wrong because it says that the Federal Rules of Evidence prohibit all evidence of a victim's prior sexual history, when in fact FRE 412 contains three exceptions that apply in criminal cases: (1) to show that the defendant was not the source of the semen or other physical evidence; (2) to prove consent; and (3) if excluding the evidence would violate the defendant's constitutional rights (usually by depriving him of a complete defense). These exceptions are construed as "narrow" under the law.

So that makes "C" the correct answer, that sexual predisposition evidence is generally prohibited except under narrow exceptions. Good work Thomas!