EVIDENCE Rape Shield Statute: Provide Qualified Two-Part Requirement for Admission of Complainant's Past Sexual History

Authors

S. BrannanFollow

Document Type

Peach Sheet

Abstract

The Act amends Georgia's Rape Shield Act by providing that evidence of the complainant's past sexual behavior may be introduced if it directly involved the defendant and could have led him to reasonably believe the complainant consented to sexual intercourse. Evidence of a complainant sexual history is also admissible if it is highly material to, and substantially supportive of, a conclusion that the defendant reasonably believed that the complainant consented and that justice mandates its admission even though the complainant had no past relations with the accused.

Recommended Citation

S. Brannan, EVIDENCE Rape Shield Statute: Provide Qualified Two-Part Requirement for Admission of Complainant's Past Sexual History, 6 Ga. St. U. L. Rev. (1989).
Available at: https://readingroom.law.gsu.edu/gsulr/vol6/iss1/35