Oregon Supreme Court hears challenge to rape shield

July 10, 2012

Oregon: The Oregon Supreme Court has heard arguments against the constitutionality of the long-standing rape shield statute. The law, adopted by the Oregon legislature in 1975, is being challenged based on the argument that it violates the state’s constitution stipulation that “no court shall be secret”. According to the defendant’s attorney, requiring the hearing to determine what, if any, evidence relating to the victim’s prior sexual history to be held in secret violates both the state and federal constitutions.

“It’s the state’s burden to prove there’s justification for breaking the promise that ‘No court shall be secret',” argued Attorney John Henry Hingson III, citing Article 1, section 10 of the Oregon Constitution.

Oregon’s rape shield has survived two challenges to its constitutionality under Article 1, section 10 since its enactment. It requires that the court “shall order a hearing in camera” to determine if a victim’s prior sexual behavior is admissible in the case, which means that said hearing must take place outside of public view. Admissible evidence must relate to the motives or bias of the alleged victim, help identify the alleged victim, or rebut or explain the state’s medical evidence. It, however, prohibits details of the alleged victim’s reputation, opinion evidence regarding an alleged victim’s sexual history or manner of dress.

According to prosecutors and victims’ rights activists, a reversal of the rape shield law would have far-reaching effects, and potentially deter victims from coming forward to file charges.

The law is being challenged by a West Linn, OR, man who is charged with sexually assaulting a female employee of his strip club.