This Note takes a critical look at civil suits arising from allegations of rape, particularly from the perspective of how these actions run counter to the spirit of rape reform and rape shield legislation. The analysis begins with a brief history of the Rape Shield Law and its intended purposes. Part II then utilizes two cases to outline the current dilemma posed by civil suits that are filed during a pending criminal sexual conduct prosecution. After presenting these cases, Part III considers whether a legislative remedy is required and determines that it is. Part IV then proposes a Model Statute. The Note concludes with an analysis of the Model Statute and responds to anticipated criticisms.
Catherine L. Kello,
Rape Shield Laws--Is It Time for Reinforcement?,
U. Mich. J. L. Reform
Available at: https://repository.law.umich.edu/mjlr/vol21/iss1/11