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The Kobe Bryant case has once again put the spotlight on a law that—however well-intentioned when it was enacted in the 1970s—has created a whole new class of victims. Designed to protect women who might otherwise be reluctant to file rape charges, the Rape Shield Law prevents defense attorneys from presenting evidence about the alleged rape victim's past sexual history, behavior or indeed any other past information that might prejudice the jury against her. I understand the desire to protect rape victims from unscrupulous defense attorneys using innuendo and personal attacks to subvert justice, but this can't be done at the expense of justice itself. Two examples of Rape Shield Law abuse come immediately to mind: Sportscaster Marv Albert had his career destroyed by a woman who accused him of assault and battery during a sexual encounter. Although the woman had a history of making such false accusations, the jury was prevented from hearing this. Jessie L. Redmond had a similar situation. He was convicted in 1993 of raping a 15-year-old girl because his jury was denied evidence showing that this girl also had a history of making false rape accusations. He served 7 1/2 years of his sentence before he was finally released. It's time that someone just came out and called it as it is: The Rape Shield Law, the result of what is being called feminist jurisprudence, is just wrong. It prevents many men from making a legitimate defense in cases where it all comes down to a he-said/she-said situation. As it stands, the Rape Shield Law creates an uneven playing field at a time when—God help us—the very definition of rape has been expanded far beyond the mere use of force to achieve sex. These days, if you have sex with a woman who is drunk, you could very well find yourself in court facing rape charges. It is my belief that all of the foregoing has come into being because of pressure from feminist groups that are, to put it simply, antiman, and I, for one, have had enough of it. It goes without saying that rape is an abomination, but so too is the false accusation of rape. With that in mind, let us finally restore some sanity to the rape laws. Larry Flynt Publisher HUSTLER  |
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