When someone faces sexual assault allegations in Washington, questions often arise about what evidence a jury will and will not hear. A Tacoma rape defense lawyer can help defendants understand how Washington’s rape shield laws apply to evidence of a complainant’s past sexual behavior.
These laws generally limit the admission of such evidence while preserving a defendant’s right to a fair trial.
What Are Rape Shield Laws?
Rape shield laws restrict the use of evidence regarding an accuser’s past sexual conduct in sexual assault cases. Before these protections existed, defense attorneys could question a complainant about prior relationships, reputation, or sexual history to suggest consent or to undermine credibility.
Lawmakers across the country adopted rape shield statutes to stop that practice and protect accusers from invasive and prejudicial questioning. These protections also help keep trials focused on the allegations at hand, rather than on a person’s private life. Every state, along with the federal courts, now applies rape shield laws.
What Evidence Does Washington’s Rape Shield Law Exclude?
Washington’s rape shield law appears in RCW 9A.44.020. This statute bars evidence of an accuser’s past sexual behavior when offered to attack credibility or to prove consent. Examples include:
- The accuser’s marital or divorce history
- General reputation regarding sexual conduct or morals
- Social media posts depicting sexual content, nudity, or sexual communications, unless the material relates to the alleged offense
Exceptions That May Allow Sexual History Evidence
The law allows limited circumstances in which sexual history evidence may reach a jury. The most common exception involves a prior sexual relationship between the accuser and the accused. When the two have engaged in sexual intercourse in the past and that history is material to whether consent existed, a court may permit evidence of that specific relationship.
Even then, admission is not automatic. First, the defense must file a written pretrial motion. The judge holds a hearing, without the jury present, to determine whether the evidence is relevant and admissible before it may be introduced.
How Rape Shield Laws Affect Your Defense Strategy
These rules place hard limits on how a rape defense can be presented, which makes careful preparation essential. A Washington sex crimes defense attorney will review the facts to identify evidence that may qualify under an exception. If this evidence exists, they can prepare the written motion and legal argument the statute requires.
Other defense strategies can be used to challenge the prosecution’s case as a whole. For example, an attorney may question the reliability of the accuser’s account and highlight inconsistencies in statements made over time. They may also scrutinize forensic and digital evidence and test whether the state can prove each element beyond a reasonable doubt. If your constitutional rights were violated during the investigation or arrest, an attorney can move to suppress any evidence obtained.
Protect Your Rights with a Washington Sex Crimes Defense Attorney
The rules that govern sexual assault cases are demanding. When your future is at stake, The Law Offices of Mark S. Treyz can help. Our Tacoma sex crimes defense lawyer will examine every detail of the allegations and build a defense aimed at the strongest possible result. If you are facing sex crime charges in Washington, contact our firm today to discuss your case and protect your rights.