I am being accused of raping a woman. I never had sex with her. She is sleeps with many men. My lawyer told me that we cannot use her sex life as our defense in the case because it violates the Rape Shield law. However, once the DNA testing came back, there was sperm inside her. Since I knew I hadn't slept with her, I rushed to give the government my DNA sample for the comparison. After the comparison was made, the DNA was found not to be mine. She then changed her story to say that I used a condom. I want to tell the jury that she sleeps around. I can't believe that the Rape Shield law is so strict. What can I do?
You are in a situation, where you can can partially pierce the Rape Shield. Under the current case law, you can file a motion to pierce the Rape Shield only to tell the jury that someone else's sperm was found inside of her. While this may not sound as good as being able to tell the jury that she sleeps around, you must understand that once the jury hears that she claims that you raped her, your sperm is not found, and another persons sperm is found, the jury will get the point.
Labels: dna, rape, rape shield