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17 Lewis & Clark L. Rev. 899 (2013)
Prior (False) Accusations: Reforming Rape Shields to Reflect the Dynamics of Sexual Assault

handle is hein.journals/lewclr17 and id is 929 raw text is: COMMENTS PRIOR (FALSE?) ACCUSATIONS: REFORMING RAPE SHIELDS TO REFLECT THE DYNAMICS OF SEXUAL ASSAULT by Brett Erin Applegate* When a victim of sexual assault recants her accusation against a perpetrator, future perpetrators may attempt to use that recantation as evidence of a prior false rape accusation. However, use of that recantation as such evidence assumes that the victim recanted because her accusation was false, and this is not always the case, and in fact public skepticism of rape accusations furthers the incidence of false recantations by victims. Additionally, a victim's accusation may lack credibility, and may be perceived as false, because of the effects of rape trauma syndrome. All 50 states have adopted rape shield statutes to protect victims, but their treatment of victims is inadequate, inconsistent, and ignores modern scholarship on the effects of rape on victims. This Comment argues that legislatures should amend their rape shield statutes to specifically address prior accusations in ways that account for the dynamics and realities of sexual assault. The Comment begins by examining the legal and social framework underlying sexual assault, including an examination of the rape shield protections in each state, and then sets forth the substance of proposed legislative reforms and addresses arguments opposed to rape shield reform. The rights and interests of both victims and defendants must be respected, and the only way to successfully balance those rights and interests is through a careful examination of the social realities and legal framework that are present in sexual assault. * J.D., Lewis & Clark Law School, 2013; M.F.A. in Creative Writing, The University of Arizona, 2008; B.A. in English and Creative Writing, The University of Arizona, 2005. Thank you to Professor Jeffrey Jones for his insight and guidance during the drafting process, to the staff of the Lewis & Clark Law Review for their many hours of hard work, and a special thank you to my husband, Isaac Eldridge, for his love and support. 899

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