New Jersey’s Rape Shield Law: Protecting Victims’ Privacy

New Jersey has a strong rape shield law, designed to protect victims of sexual assault from intrusive, irrelevant questioning about their past sexual history or manner of dressing. This law, Section 2C:14-7 of the New Jersey Code of Criminal Justice, limits the admissibility of evidence about a victim’s sexual conduct in trials involving sexual offenses.

The purpose of rape shield laws is to safeguard victims’ privacy and encourage reporting of sex crimes. These laws counter outdated notions that a victim’s unrelated sexual behavior somehow makes them “responsible” for rape or justifies the crime. New Jersey’s law aims to prevent victims from being “twice victimized” through invasive, humiliating interrogations on the stand.

What Does New Jersey’s Rape Shield Law Prohibit?

Section 2C:14-7 generally prohibits introducing evidence of a victim’s previous sexual conduct during a trial for sexual assault, criminal sexual contact, human trafficking, child molestation, or similar offenses. This includes opinion evidence or reputation evidence about the victim’s sexual behavior.

There are limited exceptions where the court may admit this type of evidence. However, the defense must file a motion and convince the judge that the probative value of the evidence substantially outweighs its collateral nature or the potential injury to the victim.

This means victims are shielded from questions about:

• Their sexual history with anyone other than the defendant
• Whether they’ve had prior sexual relations
• Their manner of dress at the time of the assault
• Their sexual orientation, such as homosexuality
• Medical history related to sexuality, like pregnancies or STDs
• Prostitution arrests or convictions
• Any other sexual behavior unrelated to the defendant

The law protects against exposing a victim’s confidential medical, psychological, and counseling records. Victims can feel secure knowing their private lives won’t be arbitrarily exposed.

Exceptions Where Sexual History Evidence May Be Allowed

New Jersey’s law contains limited exceptions where evidence of a victim’s sexual history may be deemed admissible:

• When consent is at issue and the evidence is relevant to whether the defendant reasonably believed the victim consented. However, this still requires weighing privacy concerns.
• When the evidence shows a distinctive pattern of conduct closely matching the defendant’s version of events. The judge must find the probative value outweighs the danger of harm to the victim.
• When exclusion would violate the defendant’s constitutional rights. But the defense bears the burden of proving this.
• When the prosecution first introduces evidence about the victim’s sexual history. Then the judge may allow more evidence to rebut inferences from the prosecution’s evidence.
• When the evidence involves the victim’s sexual conduct with the defendant. But the judge still weighs privacy interests.
• When the evidence relates to alternate sources for physical evidence like semen, injury, pregnancy, or motive to fabricate the charges. But the defense must establish a sufficient foundation.

As you can see, the exceptions are limited and require judicial oversight. The defense can’t simply expose victims’ sexual histories at will.

Protecting Victims from Humiliating Inquiries

New Jersey courts have applied Section 2C:14-7 to protect victims from humiliating questioning about their manner of dress. In State v. Schnabel, the victim wore a halter top and the defense claimed this meant she consented. But the court excluded this evidence, finding comments on her clothing improper.

Likewise, victims can’t be asked whether they’ve had prior sexual relations or questioned about their sexual orientation. As one court explained, “A victim’s sexual orientation is no more probative of consent than evidence of sexual orientation would be probative of non-criminal activity”.

Section 2C:14-7 shields victims from misguided scrutiny of their sexual histories and clothing choices. Victims shouldn’t be blamed based on stereotypes about promiscuity or “provocative” attire. Their manner of dress doesn’t imply consent.

The Rationale Behind Rape Shield Laws

By restricting inquiry into a victim’s sexual history, Section 2C:14-7 serves several important purposes:

• Protecting victims’ privacy and dignity. Victims deserve to keep their sexual histories confidential.
• Encouraging victims to report sex crimes. Victims may hesitate to come forward if they fear degrading questioning.
• Preventing victim blaming based on sexual history. A victim’s unrelated sexual behavior doesn’t justify the crime.
• Excluding irrelevant evidence. In most cases, a victim’s sexual history has no bearing on the defendant’s guilt or innocence.
• Focusing the trial on relevant evidence. Defendants can still introduce evidence directly related to the charged crime.
• Applying contemporary understandings of rape. “Promiscuity” doesn’t justify rape. Even sex workers can be raped.

Section 2C:14-7 reflects enlightened, contemporary views on sexual assault. New Jersey courts vigorously uphold this law to protect victims’ privacy rights.

The Defense May Challenge the Rape Shield Law’s Application

While Section 2C:14-7 imposes strict limits, the defense isn’t powerless. Defense attorneys routinely challenge this law’s application before trial. They may argue an exception applies or excluding evidence would violate the defendant’s constitutional rights.

The defense bears the burden of overcoming the law’s restrictions. Their legal arguments must convince the judge that probative value outweighs privacy concerns. But victims don’t have to worry about attorneys unilaterally exposing their sexual histories at trial.

Conclusion: A Strong Public Policy to Protect Victims

In summary, Section 2C:14-7 serves the vital purpose of shielding victims’ private lives from unwarranted scrutiny. While there are limited exceptions, the law prevents fishing expeditions into victims’ sexual histories. This empowers more victims to come forward without fear of invasive questioning.

New Jersey’s rape shield law reflects enlightened understandings of sexual violence. A victim’s manner of dress or sexual history does not justify rape. Section 2C:14-7 ensures trials focus on legally relevant evidence rather than shaming victims based on misguided stereotypes. This strong public policy upholds victims’ dignity and privacy rights.