Abstract
This Note first reviews the historical background surrounding the emergence of rape shield laws in the United States, with particular attention to Arizona's rape shield law. Next, it focuses on the trend among courts in applying rape shield laws to child molestation cases. In examining the admissibility of a child victim's prior sexual experiences in child molestation cases, this Note concentrates on the judiciary's role in balancing the state's interest in protecting the child witness against the defendant's constitutional right to a fair trial.
This Note places special emphasis on the recent Arizona Supreme Court decision in State v. Oliver. In that case, the defendants sought new trials based on alleged constitutional violations stemming from the exclusion of evidence relating to the child victims' past sexual conduct. In reaching its decision, the Oliver court confronted the difficult task of determining whether Arizona's rape shield rule should be extended to child molestation cases. And, if so, whether certain exceptions to the rule are necessary to protect the defendant's sixth amendment constitutional rights.
How to Cite
31 Ariz. L. Rev. 677 (1989)
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