In The United States of America
In the late 1970s and early 1980s, almost all jurisdictions in the United States adopted some form of rape shield statute. The laws in each state differ according to the scope of sexual behavior shielded and time limits of the shield. Many states do not permit any evidence relating to the past sexual behavior of the victim. This encompasses evidence of specific instances of the victim's prior or subsequent sexual conduct including opinion evidence or reputation evidence.
The Violence Against Women Act of 1994 created a federal rape shield law.
In 1999 in the case of People v. Jovanovic, the New York Court of Appeals ruled that a lower court had improperly ruled as inadmissible e-mail in which the plaintiff/witness in a rape case expressed her consent to, and later approval of, the encounter. The lower court ruled these e-mails inadmissible on the basis of rape shield laws; however, the Court of Appeals ruled that the previous court had misapplied those laws.
Read more about this topic: Rape Shield Law
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