Top

Criminal Sexual Conduct and the Rape Shield Law

Randall Levine

When a person is charged with criminal sexual conduct, it is important to look at the history of the complaining witness. Is this a person who has made false accusations of criminal sexual conduct in the past? Is this accusation the result of an intentional effort to gain an advantage in a custody or divorce proceeding?

Often times the prosecution will attempt to invoke the Rape Shield Law to prevent defense counsel from inquiring into the past behavior of the complainant in a criminal sexual conduct case. There are several ways to attack a complainant without running afoul of the Rape Shield Law.

The Rape Shield Law was passed in order to protect complaining witnesses from an inquiry into their past conduct. Although it can be useful when a complainant is telling the truth, it is often a shield that must be permeated for the complainant who makes a false accusation.

At Levine & Levine, we are aware of the many ways to circumvent the Rape Shield Law in order to cross-examine a complainant to get at the truth.

If you find yourself accused falsely of criminal sexual conduct please contact us. We have over 30 years of experience in defending these types of accusations.

Categories: 
Related Posts
  • Michigan State Supreme Court dismisses charges against Rich Baird in Flint Water case Read More
  • Sarissa Montague: Delay in trial against former Grand Rapids police officer Christopher Schurr in Patrick Lyoya case is normal Read More
  • Sarissa Montague says Michigan Department of Corrections took an ‘all or nothing’ approach after appellate court rules in Christian Identity case Read More
/